If you are arrested for a DWI, it is critical that the arresting officer provided you with Miranda Warnings before any incriminating statements were made. At Anelli Xavier, your attorney will determine whether these warnings were properly provided in accordance with the law and the officer’s training. If the warnings were deficient, potentially all or some of your statements could be precluded, which could result in a reduction or dismissal of your charges.
The typical Miranda Warnings are as follows: You have the right to remain silent. If you give up that right, anything you say can and will be used against you in a court of law. You have the right to an attorney and to have an attorney present during questioning. If you cannot afford an attorney, one will be appointed to you at no cost.
While the Miranda Warnings are an essential part of an officer’s arrest process, the recitation of the warnings alone may not provide sufficient legal protection or instruction to the arrestee. Since everyone has different interpretations and understandings, some people may not fully comprehend or misconstrue what the officer is saying. Others may need the information to be translated into their native language. Therefore, it is the duty of the officer to make sure the suspect understands what is being communicated. The officer may have to translate the Miranda Warnings to accommodate the suspect’s level of understanding or find another officer who can.
The officer may request basic information (such as your name, address and date of birth) without first providing Miranda Warnings. However, if you are in custody as a matter of law, and a police officer’s conduct causes you to admit to various aspects of an offense without first providing the Miranda Warnings, these admissions (also called statements or confessions) will not be admissible in court.
If you have concerns or questions about Miranda Warnings and how their execution may affect your DWI case, call or email me, the DWI Guy, today. At Anelli Xavier, we know how to make sure your rights are protected.