Miranda Warnings
An area of confusion for many Minneapolis and surrounding Minnesota area clients who have been arrested and charged with a Drunk Driving or a traffic related crime has to do with “Miranda” warnings. Therefore, as a service to our Drunk Driving criminal defense clients and prospective clients, we offer answers to the following frequently asked questions:
What is a Miranda warning?
A Miranda warning advises individuals of their constitutional right not to answer questions that would incriminate themselves and to have a lawyer present before answering any questions.
If I am not under arrest, do I have to answer a police officer’s questions?
No. Unless you are placed under arrest you are free to leave at any time. However, if a police officer stops you while you are walking, and asks you for identification, it is probably in your best interest to provide such information. The courts have allowed police officers to detain people for extended periods of time in an effort to determine the identity of the individual.
Must a police officer always advise a person of their Miranda rights before asking a question?
No. The Miranda warning is only required during a custodial interrogation. This means that the individual being questioned is in actual custody or in an environment in which a reasonable person would not believe that he or she is free to leave.
If I am in custody, how do I assert my right to remain silent?
A suspect who has been arrested need only say “I want to speak with a lawyer” or “I have nothing to say now.” If the police continue to question the suspect, the police have likely violated the suspect’s 5th and 6th Amendment rights. Anything that the suspect says after the violation will usually be inadmissible as evidence in court.
Can I waive my Miranda rights?
Yes. If you have been arrested in Minnesota and you have been read your Miranda warning, then anything that you say after the warning can and most likely will be used against you in court.
But the police officer said that if I talked, he would help me out.
This is something police officers always say. Police officers have no control over what happens to you after you have been arrested. The determination of what you will be charged with, how your case will progress and how you will be sentenced if found guilty, is up to the Minnesota or federal prosecutor handling your case, possibly a jury and the trial judge. Accordingly, if you are arrested and accused of a crime, it is best not to talk with anyone other than your criminal defense lawyer, otherwise, your case may be more difficult to defend. It is almost always easier for a criminal defense lawyer to defend a case when the person charged with a crime has not given a statement to the police. Before you talk with anyone, contact Drunk Driving criminal defense lawyer Joel Heiligman.
If you or someone you know in Minneapolis, St. Paul, and Anoka or anywhere within the surrounding cities and counties needs the assistance of an experienced DWI/DUI defense lawyer, contact Attorney Joel Heiligman at 866-784-3009 or via his convenient contact form to schedule a free consultation with an experienced Minnesota DWI/DUI defense lawyer.
