"The City of Gainesville officer didn't read me my Miranda Rights. Can my charges be thrown out?"

Posted by Richard Lawson | Oct 11, 2010 | 0 Comments

Prosecutors rely on several sources of evidence for DUI cases. Police dashboard video and audio are admissible both before and after an arrest is made. Statements and responses to questions made before an arrest are generally admissible in their entirety.

An officer may not read the Miranda Rights immediately at time of arrest. However, they must read the Miranda Rights before they can ask specific investigative questions after an arrest has been made. Due to a June 2010 Supreme Court ruling a suspect must make a clear statement invoking their right to silence and an attorney. Accordingly to the Supreme Court's ruling, statements such as "I may need a lawyer" or "I'm not sure I should answer that" do not necessarily invoke a suspect's right. Police do not have to advise you that a more direct statement is required and may continue investigative questioning.

If you feel the Police questioned you improperly, contact the Law Offices of Richard S Lawson to ensure your rights are protected.

About the Author

Richard Lawson

Richard S. Lawson is passionate about intoxicated driving defense. Unlike some attorneys, Mr. Lawson devotes 100% of his legal practice to helping people stand up for their rights against DUI charges. For more than 20 years, Mr. Lawson has dutifully fought for his clients' freedom, resolving more 4,900 impaired driving cases during the course of his career. Today, Mr. Lawson has developed a reputation as a skilled negotiator and continues to help clients by fighting to keep them out of jail.


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