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When are Miranda Rights Stated?
After someone has been arrested, a police officer must make a statement to that person in the form of a Miranda Warning. The rights are named after Ernesto Miranda, a defendant in a landmark case that ruled his constitutional rights had been violated after his arrest but before questioning.
The law states that police must explain your rights to you during this window – after arrest but before any questioning takes place or a formal statement is taken while you are in the custody of law enforcement.
What Exactly are Miranda Rights?
Police officers, by law, must make some form of the following statement, which is formally known as the Miranda Warning before they are allowed to ask you any questions.
“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 a lawyer, 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 key thing to remember about this warning is that if law enforcement fails to read it, or some similar version of it, to you after you are arrested but before you are questioned, anything that might be considered evidence that they obtain from you verbally might be inadmissible in court.
DUI Cases and Miranda Rights
There are some common misconceptions about if and when Miranda rights are legally obligated to be read to you during a DUI arrest. In general police are NOT required to read you the Miranda Warning if they have pulled you over for a DUI check, or are testing your sobriety level on the side of the road.
Law enforcement is not always required to read you your Miranda rights even if you are arrested for a DUI, but rather, only if you are arrested and are then going to be further interrogated.
Anytime Bail Bonds in Roseville, CA
No hassle bail bonds are easy to find at Bail House because we are open 24 hours a day, seven days a week, even on holidays and weekends! We know how important it is to offer anytime bail bonds in Roseville, CA because arrests can happen anytime of the day or night.
We offer a smooth and simple process to obtain a bail bond for you or to help a loved one get out of jail while they wait for trial.
Give Bail House a call at (916) 782-7048 and ask for a no hassle bail bond from one of our knowledgeable and helpful bail bond agents. We are experienced with working with trusted friends or family members as well who are able to call on your behalf.