You’re under DUI arrest. You’re scared. You don’t know what’s going to happen to you. You might wonder: “do I have the right to remain silent?”
Yes, and your rights don’t end there.
You’re not alone if you need to become more familiar with your Miranda rights. Many people need to learn what they are, and even fewer know what to do if they’re not reading their rights.
If you’re arrested, and the police officer doesn’t read your Miranda rights, you might wonder what this means for your case. Simply put, if the policeman fails to read you your Miranda rights, your case won’t be thrown out. However, you can argue that the evidence gathered by the policeman should be inadmissible in court.
To learn more about what to do if a police officer fails to read you your Miranda rights, contact the best DUI lawyer in Spartanburg, South Carolina, from the Bateman Law Firm.
For now, let’s find out what Miranda rights are, what happens if they’re not read to you, and what to do if you’re arrested.
What Are Miranda Rights?
When you’re arrested in the United States, the police must read you your Miranda rights. These rights, established by the Supreme Court in 1966, come from the Fifth Amendment of the US Constitution and protect citizens from self-incrimination.
The Miranda rights (as declared by the police officers) are as follows:
You can remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. One will be provided for you if you cannot afford an attorney. Do you understand these rights?
If a police officer fails to read you your Miranda rights, any information or confessions obtained from you may not be used in court.
What Happens If You’re Not Read Your Miranda Rights?
If a police officer fails to read you your Miranda rights during an arrest, it can have serious consequences.
First and foremost, you have the right to remain silent. This is the most important thing to remember, especially if you’re feeling overwhelmed or scared. Anything you say can and will be used against you in court, so it’s best to keep quiet until you’ve had a chance to speak with a lawyer.
You also have the right to an attorney. If you can’t afford one, one will be appointed to you free of charge. Refrain from trying to represent yourself in court; this is a mistake that many people make and can end up costing them their case.
Lastly, you have the right to be informed of your charges. This means that the officer who arrested you should tell you what crime(s) you’re being charged with.
When Can You Appeal A Criminal Conviction For A Failure To Read Miranda Rights?
If a criminal conviction for DUI (or any other criminal case) is based on evidence obtained directly from the failure to read Miranda Rights, it is possible to appeal the conviction. However, this appeal must be sought within the prescribed time limit. Generally, an appeal can be filed up to 30 days after the end of a criminal trial.
It is important to note that appeals often fail. This is because judges will typically consider the constitutional violation when determining an appropriate sentence. The judge must decide whether or not the case would have had a different outcome if Miranda warnings had been issued at the time of arrest.
Also, they would have to decide whether or not the defendant’s rights were violated in any way by not being read their rights. If they determine that the defendant’s rights were not violated, they will most likely uphold their original decision and deny any appeals.
What Are The Consequences Of Not Being Read Your Miranda Rights?
If you are not read your Miranda rights after a DUI arrest, it is essential to inform your lawyer as soon as possible. Depending on the jurisdiction, some severe consequences could come with not being read the Miranda rights.
Typically, if the arresting police officers fail to read your Miranda rights, any evidence collected from that moment forward may be excluded from the trial. Therefore, defendants may get away with arrest-related offenses if a judge rules that the arresting officer violated their rights.
In addition to evidence being excluded from the trial, there may be other punishments for failing to read someone their Miranda rights. The arresting officer could face discipline by his department or even lawsuits from the defendant.
It is important to remember that each situation is unique and depends on different circumstances, so it is best to seek legal advice if in doubt.
Where Can I Find The Best DUI Lawyer In Spartanburg, South Carolina?
The internet is a great place to start your search if you’re looking for a capable criminal defense attorney in Spartanburg, South Carolina. You can find specialized DUI lawyers who are experienced in handling cases like yours. It’s also essential to consider word-of-mouth recommendations from friends and family.
The Bateman Law Firm has a directory of lawyers who are members of the bar. Our bar-certified attorneys have met certain requirements and passed an examination, so you can be sure they have the experience and knowledge to provide quality legal services.
How Can A Criminal Defense Attorney In Spartanburg, South Carolina Help?
If you are arrested and the police officer does not read you your Miranda rights, your criminal defense attorney in Spartanburg, South Carolina can help. Miranda rights, as we have seen, are a set of rights that an individual has when arrested. These rights include the right to remain silent, the right to an attorney, and the right to be informed of these rights.
If the police officer does not read your Miranda rights, your criminal defense attorney in Spartanburg can file a motion to suppress evidence. This means that the prosecutor will not be able to use any of the evidence obtained due to the arrest. This can include statements you made to the police or any other evidence concerning your case.
Your criminal defense attorney in Spartanburg will also be able to investigate the circumstances of your arrest. This includes looking into whether the police had probable cause to arrest you in the first place. If the police did not have probable cause, your criminal defense attorney in Spartanburg could file a motion to dismiss the charges against you.
If you are facing DUI charges, it is important to have the best DUI lawyer in Spartanburg, South Carolina, on your side. Our attorneys at the Bateman Law Firm are experienced in handling all criminal cases.
Contact us today for a free consultation!