Miranda Rights in DUI Cases
At Manshoory Law Group, we have handled countless DUI cases and can represent you at a hearing with the Department of Motor Vehicles (DMV) to ensure that your driving privileges are protected!
What is the Right to Remain Silent?
Your right to remain silent may be the greatest tool you have to fight criminal allegations. The United States Supreme Court has ruled in Miranda v. Arizona that once you’ve been arrested, you have an absolute right not to answer police questions. You also have the right to demand that the police stop questioning you before you speak to a lawyer!
To do this, after you are placed under arrest, you must unequivocally tell the police that you will not answer any questions in the absence of a lawyer and that you want to speak to a criminal defense lawyer immediately.
Why is it Important to Remain Silent?
But what about before your arrest? Most people want to be honest and straightforward with the police. But this is an incredibly risky move in our criminal justice system. That’s because if a police officer suspects you have committed a crime, even your honest explanation about your innocent behavior might not remove their suspicions. They might take what you’ve said out of context or flip your words around on you.
There are only a few questions that a person must answer while detained (that period of time between when a police officer stops you and when you are arrested).
These include, but are not limited to:
- your name
- date of birth
- whether you have a valid driver’s license.
Is Remaining Silent an Admission of Guilt?
Your right to remain silent simply limits the amount of evidence (your statements) that can be used against you in a later prosecution. Chances are, if an officer strongly suspects you’ve committed a crime, you will not be able to “talk your way out” of getting arrested.
Further, if your case goes all the way to trial, it is against the law for the prosecutors to use your silence as evidence against you! They can’t even bring it up.
Use the contact form or call us now for your free consultation at (877) 977-7750.