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Know Your Rights—Your Miranda Rights Part 2
In part 1, which you can read here, we went over what each right means for you. Now we will look at some other aspects to your Miranda Rights.
What If No Rights Were Read?
This not likely, but possible. It could depend on the case. In a DUI case, there is not much evidence collected after a person is in custody. So Miranda is not quite as important. But in a murder case, if a person is not read their Miranda rights and evidence is collected during an interrogation that proves the murder, this could lead to the case being dismissed. At the very least, evidence during this interrogation would be excluded from the case.
Waiving Miranda Rights
This is not recommended, but this is when a person has been read their Miranda rights and decides to talk to the officers. Basically saying that I realize I shouldn't talk to you but I'm going to do so anyway. You have given up your rights and probably your freedom in the process as well.
What Is An Interrogation?
Basically, when a person is taken into custody and an officer is asking questions. An interrogation doesn't have to take place in a room with a table and a two-way mirror on the wall. It can take place in a squad car or the side of the road. The interrogation can be where the case is made for the prosecution.
When Are Police Required To Read The Miranda Warning?
A person should be read their Miranda Rights when they are taken into custody. They should be read before any interrogation begins. There no need for these rights to be read before someone is taken into custody.
Are There Exceptions?
The reason, or exception, is if there is no need for an interrogation into the case. As stated earlier, in a DUI arrest, very little evidence is gathered after the person is taken into custody. Most of the evidence is collected, which leads to an arrest. In this case, a Miranda warning is not given.
We hope that this blog has helped you understand your rights if you are taken into custody.
If you find yourself needing a trustworthy lawyer, Terry Luck is a seasoned trial lawyer, with an accomplished background in personal injury cases and cases involving serious criminal charges. When you want honest, hard working, hard fought representation to have your story told, you need Luck. Terry Luck will vigorously represent you, asserting your rights and your defenses and put you in the best position to win your case. Contact us to arrange a free consultation. Terry Luck's office is located in Montgomery, Alabama. Call today 334-262-5455.
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