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Know Your Rights – The Miranda Warning

If you have been arrested for a DUI or any other criminal violation, it is important to understand your rights. Before police begin questioning a suspect, the officer is required to read you a Miranda warning, reminding you of your rights. Listed below is an example of typical language used in a Miranda warning:

  • You have the right to remain silent and refuse to answer questions.
  • Anything you say may be used against you in a court of law.
  • You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future.
  • If you cannot afford an attorney, one will be appointed for you before any questioning if you wish.
  • If you decide to answer questions now without an attorney present you will still have the right to stop answering at any time until you talk to an attorney.

Whether you are in custody, or out of custody, it is important to understand that you should not speak with anyone about your case except your attorney. This is especially true if you are in custody, as all of your communications can be monitored, especially communications on jail telephones. Communications with your attorney are protected and privileged, including communications over the jail telephones. Therefore, do not communicate with anybody about your case other than your attorney. This applies to individuals who are in custody and out of custody.

For more information regarding the Miranda warning and whether this can be raised as a possible defense in your case, contact the Firm to speak with a Board Certified Criminal Defense Attorney.

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