We have all seen the police telling people of their Miranda rights on TV, but what happens if the police didn't give you your Miranda warnings when you were arrested for DUI in Norfolk or Virginia Beach? What occurs if they were given to you too late in your traffic stop?
These are critical questions, and your rights may have been violated if the police did not give you these warnings in a timely fashion. If you are facing DUI charges, you should consult with an experienced Norfolk traffic law lawyer at Tavss Fletcher who can advise you if your rights were violated and what defenses may be available to you.
What Are Miranda Warnings?
Miranda warnings are vital to the criminal justice system and are designed to protect your Fifth and Sixth Amendment rights. When a police officer arrests you, they must inform you of your Miranda rights. These rights include:
Right to Remain Silent
You have the right to remain silent and not answer any questions law enforcement officials ask you.
Right to an Attorney
You have the right to a criminal defense attorney. If you cannot afford one, a lawyer will be provided at no cost to you.
Your Statements
The warning that anything you say can and will be used against you in court.
When Must the Police Inform You of Your Miranda Rights?
The police must provide you with Miranda warnings when you are in custodial interrogation. You would be considered in custodial interrogation if you are in police custody and being interrogated. Being in custody means you are not free to leave. Before questioning you when placing you in custody, the police must tell you of your Miranda rights.
What Happens if the Police Don't Give You Your Miranda Warnings?
If the police did not provide you with Miranda warnings during a DUI arrest in Virginia, any statements you made during custodial interrogation without being properly Mirandized may not be admissible in court. This means the prosecution cannot use these statements or a confession as evidence against you during the trial.
However, it is important to note that the failure to give you your Miranda warnings does not affect the admissibility of physical evidence or observations made by the police officer during the DUI stop. If the police have other valid evidence, such as field sobriety tests, blood alcohol content results, or dashcam footage, it can still be used against you.