New York Miranda Warning

After being placed under arrest, police officers are required to inform you of what is known as the “Miranda Warnings.”  These warnings must be given to suspects in police custody before they are asked questions relating to the suspected offense.

Basic “pedigree” information such as your name, address and date of birth may be requested from you by the police 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 against you in court.

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, reciting them, in and of themselves, may not provide sufficient legal protection or instruction to the arrestee.  Many people have different education levels and therefore may not fully understand 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 told to him or her.  The officer may have to "translate" the Miranda Warnings to accommodate the suspect's level of understanding or find another officer who can.

If you are arrested for a DWI it is critical that you were provided your Miranda Warnings by the arresting officer before any incriminating statements were made. Your DWI attorney will determine whether any Miranda Warnings were provided, and if they were provided in a legally sufficient manner.  If not, some or all of your statements could be prevented from use against you in court, which could result in a reduction or dismissal of your charges.


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