Miranda Rights California
Know Your Miranda Rights
Did the police arrest you for DUI and fail to read your Miranda rights to you? Despite popular opinion, this is not actually a violation of the law. The police are only required to read your rights to you if you are in their custody AND being interrogated. An experienced Oakland criminal defense attorney can review your case to determine if the police's failure to read you your Miranda rights can be used as a valid defense.
Your Miranda Rights
There is no exact wording of the Miranda Rights, but in general, an arresting police officer must inform you of the following:
- Your right to remain silent
- That the failure to remain silent can be used against you in a court of law
- Your right to an attorney
- Your right to have an attorney provided for you
The arresting officer must also be sure that the suspect understands these rights and if there is a language barrier, a translator must be provided.
When Investigation Turns Into Interrogation
The moment you are suspected of a DUI, theft offense, drug crime, or any other criminal offense, an officer will likely begin asking you a series of questions that are designed to make a case against you. These questions are investigative in nature because the officer is using these questions to determine if you should be arrested or not. After you are arrested, it is possible to assert that any communication or question from law enforcement officers are investigative in nature. This means that if you were arrested and asked a series of questions without being read your Miranda Rights, the law may have been broken by those arresting you.
Using Miranda Rights as a Dui Defense
If you were not read your Rights, then we can help. The Oakland DUI defense lawyers at the Law Office of Nabiel C. Ahmed are skilled in investigating all angles of DUI cases in order to build a solid defense for clients. With over 10 years of experience, we understand the best methods of building a complete defense for those with DUI charges.
However, using a Miranda rights DUI defense will not get all evidence thrown out in court. It only applies to verbal testimony. Other forms of evidence such as field sobriety tests or BAC results will have to be addressed by our law firm as well.
You Have the Right to Remain Silent
Most suspects don't realize that they have the right to remain silent always during their interaction with law enforcement. This means that you are not required to answer an officer's questions. In fact, it is best if you do not answer them. Simply reply that you would like to remain silent until you are able to speak to an attorney. Law enforcement officials may show anger at you’re silence. However, you are never required to answer them while being arrested.
After over 10 years of criminal defense, the Law Office of Nabiel C. Ahmed is respected nationwide as an advocate for the criminally accused. We obtain real results for people that need them the most. We proudly help clients in Oakland, Berkeley, Richmond, Concord, and the surrounding areas!
"Understands and Has Great Communication"He worked hard and diligently while going the extra mile. He was patient and caring during my ordeal and even followed up and checked on me afterwards.- Adarice
"Better Than Expected Result"Mr. Ahmed did his thing to make sure I did not spend one day in jail! His ability to explain everything along the way really helped through this stressful episode.- Francisco C.
"I recommend Nabiel over the rest!"Mr Ahmed is a very knowledgeable attorney. He went above and beyond to help me with my case. He also gave me sound advice and went over my options.- Marshall
"Huge Help to Me and My Family"Nabiel was able to negotiate a great plea and avoid serious charges. This was especially important since we were looking at significant charges despite this being a first offense.- Alex G.