If you know little about the modern justice system, odds are, you still know about the Miranda rights and the fact that the law enforcement officer is required to read them to the arrested person before anything else. After all, we have seen and heard those lines in too many TV shows as well as motion pictures. These are quite straightforward: “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me?”
The person that is being arrested will be required to provide the arresting law enforcement officer with a definitive answer. In case that the arrested person will remain silent, it may imply that this individual simply does not understand English language. If that is the case, a professional translator will be provided and will read Miranda rights in the native language of the arrested individual. However, if the arrested individual chooses to remain silent for whatever reason, the police and the interrogators are required to stop. Moreover, in case that arrested person states that he or she requires an attorney to be present, the interrogation will need to stop until the lawyer will arrive on scene. However, you need to keep in mind that the law enforcement officers will be obligated to read you your Miranda rights only if they wish to interrogate you. They are, however, not obligated to read those rights during the arrest. Nevertheless, in case that the law enforcement officers have the intention of interrogating you in the future, they will need to read you those Miranda Rights loud and clear. If they will not do this, the case may end up being overturned in court. Hence, the arresting officers are always paying a lot of attention to this issue during the arrest of the suspect.
In case the police officers have reasons to think that public safety is under question in the matter, they will have the right for interrogating the arrested person right there and then, without reading Miranda Rights first. To be clear, Miranda Rights serve as legal protection from self-incrimination and do fall under the Fifth Amendment. In any case, the arrested individual will have to tell the law enforcement officers his or her name, age, contact information, address and some other crucial details. Furthermore, the arrested individual will be search for safety reasons. In addition, in case the arrested individual confessed in committing a crime even before the Miranda Rights were read, this crucial evidence will most certainly be used against him or her in the court of law.
One way or the other, if you are an innocent person, who just had the misfortune to be in the wrong place at the wrong time, Miranda Rights can be used in your defense. If you were arrested and charged with DUI, only a seasoned lawyer who is specializing in Sacramento DUI law can help you beat your charges.
The Sacramento DUI Specialists
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