What If The Arresting Officer Did Not Read You Your Miranda Rights During Arrest?

Have you been arrested for DUI in Spartanburg, SC? If so, you need to know what to do next. One important thing to know is that if the arresting officer did not read you your Miranda rights, you still have those rights and don’t have to say anything to compromise your case.

The Miranda warning is a crucial aspect of the criminal justice system, and failure to provide it could result in a dismissal or a reduction in charges.

Working with a knowledgeable DUI defense attorney in Spartanburg, South Carolina from the Bateman Law Firm will ensure that your rights are protected.

Let’s discuss what to do if the arresting officer did not read you your Miranda rights when you were arrested for DUI in Spartanburg, SC.

What Are Your Miranda Rights?

The Miranda warning (from the U.S. Supreme Court’s Miranda v. Arizona decision) requires that officers let you know of certain rights after your arrest and before questioning you. An officer who is going to interrogate you must tell you that:

  • You have the right to remain silent.
  • If you do say anything, it can be used against you in a court of law.
  • You have the right to have a lawyer present during any questioning.
  • If you cannot afford a lawyer, one will be appointed for you if you so desire.

When Are Miranda Rights Required To Be Read?

Miranda rights must be read to a person in police custody before they are questioned by law enforcement. The Miranda warning is meant to ensure that individuals understand their right to remain silent and to an attorney during the interrogation process.

At The Time of Arrest or in Custody

Miranda rights only apply when a person is in police custody, which means they have been arrested or detained by an officer for investigation. A Miranda warning is unnecessary if an officer stops someone on the street and questions them.

The idea is to safeguard individuals from self-incrimination under stress (after all, it’s not every day someone is arrested).

Before Questioning

It is also essential to understand that officers must read Miranda rights before questioning. If an officer reads you your rights after questioning has begun, then any statements made may not be admissible in court.

You don’t have to answer any questions without first consulting with your lawyer because even if you utter something by mistake (without meaning to) that incriminates you, you’ll land in troubled waters when the case goes to court.

Knowing your rights under the law is essential if you or a loved one has been arrested for DUI in Spartanburg, SC. Contact the best DUI lawyer in Spartanburg, South Carolina to review your case and ensure that your rights are upheld during the process.

Police must read your Miranda rights in a DUI arrest

What Happens If The Officer Fails To Read You Your Miranda Rights?

If the arresting officer did not read you your Miranda rights, it might impact your case, but it doesn’t automatically mean your case will be dismissed. The Miranda warning is given by the police to a suspect in custody that outlines their rights.

Generally, the officer will say so at the time of the arrest but they can also lay out your rights for you before they start questioning.

Grounds For Suppression Of Evidence

If the arresting officer failed to provide you with a Miranda warning, any statements you made to the police while in custody may be suppressed or excluded from evidence at trial. However, this will depend on the specific circumstances of your case.

If you’ve mistakenly given a statement because you were unaware of your rights, let your attorney know without delay.

What If the Evidence Is Not Presented Against You?

To suppress or exclude evidence based on a Miranda violation, the prosecutor must have used the statements made by the defendant in their case against the defendant. If the prosecutor did not use the statements, there might be no harm, and the case may proceed.

When Can’t You Suppress Evidence

If the prosecutor can prove that the statements made by the defendant were voluntary and not obtained by coercion, threats, or promises, they may still be admissible at trial, even if the Miranda warning was not given.

If you’ve been arrested for DUI and your Miranda rights were not read to you, seek legal advice from an experienced criminal defense attorney without delay. Your lawyer can help you understand the impact of the Miranda violation on your case and develop a strategy to defend your case in court.

Always Have an Attorney Present During Questioning

Having an attorney present ensures that you do not incriminate yourself and that your statements are protected. Your attorney will object to any questions deemed inappropriate or irrelevant to the case and guide you about what to say.

They will also advise you on the best course of action in answering questions so that you do not inadvertently make any damaging admissions or confessions. You must understand your right to an attorney before entering into any interrogation.

Also, don’t feel pressured to give a statement to the police.

Requesting to have your lawyer present does not make you look guilty, and besides, it does not matter what the arresting officer thinks regarding your guilt. That is for the court to decide – you have rights, exercise them.

Get in Touch With the Best DUI Lawyer in Spartanburg, South Carolina

Having an experienced criminal defense attorney in Spartanburg, South Carolina from the Bateman Law Firm by your side can help protect your rights throughout the legal process.

Ours is a team of dedicated criminal defense attorneys serving clients in Spartanburg. All attorneys in our legal team have extensive experience defending clients facing DUI charges and can help you navigate the legal system and fight for your rights.

We understand the impact a DUI conviction can have on your life and are committed to providing aggressive representation to help you achieve the best possible outcome for your case.

Contact the Bateman Law Firm today for a consultation with the best DUI lawyer in Spartanburg, South Carolina!

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