Discuss Whether You Were Mirandized with Your Fresno Criminal Lawyer

If you have been arrested for any type of crime in Fresno, you should know a little bit about the law so that you can put up a good defense. Of course, your Fresno criminal lawyer will be there to help you through the process. But it also helps if you know a few pertinent things that will help you.

Miranda Rights

One very important thing you should keep in mind is whether you have been Mirandized or not. Did the police read you your Miranda rights? In general, this is the wording of the rights:

"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?"

Wait for a Lawyer Before Answering Questions

As the wording of the Miranda rights shows, you don't have to speak to the police when they arrest you. You can wait for a lawyer to be present and then do so. And it's generally in your best interests to wait until a lawyer is present. That way, they will be able to advise you about what questions you should and shouldn't answer.

You may not think that you have done anything wrong. And you may not have anything to hide. But all the same, given that you don't know the ins and outs of the law, it's best to wait for a lawyer's advice.

When Do Miranda Rights Have to Be Read?

Another thing to keep in mind, however, is that the police don't have to read you your Miranda rights unless they are arresting you. Oftentimes, especially on DUI cases, people will say "the police didn't read me my rights, the case should be tossed out, right?" Not exactly, the Supreme Court, in a case entitled, Berkemer v. McCarty, (1984) 468 U.S. 420 held that a brief roadside detention does not trigger the Miranda requirement. What this means, is that being asked questions at the side of your car, or being asked to perform field sobriety tests is not a full-blown arrest that would require Miranda warnings. If the situation goes further and you are placed in handcuffs or put in the back of a patrol car, now you've gone past the "brief roadside detention" and entered the world of an arrest. At that point, Miranda warnings would be required.

Also, a custodial environment may trigger Miranda; for instance, if your in your home and you get cornered by the police and surrounded that may result in a custodial interrogation that may require Miranda warnings.

Will Your Case Be Thrown Out?

In many DUI cases, a lot of evidence is collected even before the person is arrested. So lack of Mirandization may not lead to the case being thrown out in court. On the other hand, if you were arrested for something else and the bulk of the evidence was obtained by questioning you without Mirandizing you, then it's possible that the case might be thrown out in court.

Contact us to learn more about whether your case can be thrown out due to lack of Mirandizing.