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When exactly does a cop need to explain my Miranda Rights?

Gresham, OR |
Attorney answers 5

Posted

Generally, law enforcement officers do not need to read Miranda unless they are going to conduct a custodial interview. What's a custodial interview? Basically, it's when law enforcement begins to question a suspect about his involvement in a crime while that suspect is being detained by law enforcement. There are specific legal standards for determining whether a law enforcement officer was conducting a custodial interview

In your particular situation, just because the officer didn't read you Miranda until he brought you back to the station doesn't mean that he violated your Rights. However, you should consult with a local criminal defense attorney ASAP about representing you in this matter. Once you meet with your attorney and he reviews the necessary discovery, he will be in the best possible position to determine whether your Rights were violated, as well as answering any questions you might have about your case.

Christopher Scott Ison, Esq - 863.683.7500 - WWW.PANSLER.COM - These answers are for general purposes only and do not establish an attorney-client relationship. These answer are not intended as legal advice either. If you would like legal advice as to your specific issue, you should contact an attorney to represent and/or advise you. If you are interested in retaining my office for legal advice and/or representation, please contact my office for a free initial consultation.

Posted

Never. He doesn't ever have to read you your rights. Don't be fooled by "21 Jump Street." The only time Miranda comes into play is at trial. If the State tries to admit answers you gave to questions asked by the officer after you were detained, those answers would be inadmissible if you had not advised of and properly waived your Miranda rights.

It's against the law for people under 21 to drink alcohol. However, citations can be fairly easily dismissed and removed from your record. You'll probably have to pay a fine and take a Youth Alcohol Education Course. Invest in the modest fee of a ticket attorney to make sure this is handled properly to protect your record.

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Posted

They NEVER have to read you your rights. If they don't under some circumstances, your answers to questions can't be used against you. See the link below on Miranda.

Is it possible to get a DUI reduced or dismissed? Yes. Is it possible to get yours reduced or dismissed? You need to talk to a DUI/OWI/drunk driving lawyer ASAP. You can lose your license before you even get to court!

Often people think that because it isn’t a murder case, a drunk driving case is simple. Nothing could be further from the truth. These cases can be among the most complex a criminal defense lawyer handles. The government is willing to spend an incredible amount of money to convict you though. They will have expert witnesses available for consultation and trial.

That you have been charged or that some contraption says your alcohol level was at a certain level does not mean that you are guilty. It certainly does not mean that you can be proven guilty using competent, valid evidence.

Field sobriety “tests” are designed to give police a reason to arrest. You cannot “pass” them. The police will admit that almost a third of healthy young adults who take these tests without any alcohol will be judged to be “under the influence” – and that assumes they are properly administered!

After even a first drunk driving conviction, you may face employment discrimination. You will certainly be charged higher for insurance. Having such a conviction will also make you a target for drunk driving arrest in future interactions with police. You will automatically become a suspect.

You will want a lawyer who is familiar with field sobriety “tests,” perhaps one who is certified to administer these tests. You will want a lawyer familiar with the weaknesses of the contraptions that are used to report alcohol or drug levels. You want an experienced trial lawyer, used to cross-examining police officers. Police officers are practiced, experienced witnesses.

That is, you want an experienced drunk driving defense lawyer, whether you call the offense DUI, OWI, DWI, OUI, or drugged driving.

If any answer on AVVO helps you, mine or someone else’s, please mark it as "helpful" or "best answer" to help AVVO know which answers to show others.
Thank you.

--- Experienced DUI/DWI/OWI/Drunk Driving Lawyer in Madison, Wisconsin
http://addbalance.com/drunk_driving_lawyer.htm

--- Facebook Page Madison (Dane County) Wisconsin Drunk Driving / OWI / DWI / DUI Lawyer
http://www.facebook.com/MadisonWiDrunkDrivingLawyer

--- Miranda Rights (and Wrongs)
http://addbalance.com/miranda_rights.htm

--- Field sobriety "tests" – Madison (Dane County) Wisconsin DUI / DWI / OWI / Drunk Driving lawyer
http://addbalance.com/fieldsobrietytests.htm

--- Drugged Driving/DUI/DWI/Drunk Driving with Prescription Drugs – Madison (Dane County) Wisconsin
http://addbalance.com/duidrugs.htm

--- Which Offenses Count as Priors in Wisconsin? - Madison Dane County Wisconsin DUI OWI Drunk Driving Lawyer answers
http://addbalance.com/duimath.htm

--- Ten Days to Save Your License - Administrative Suspension and Refusals in Madison (Dane County) Wisconsin
http://addbalance.com/duitendaywarning.htm

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Confidential information should not be disclosed in this Internet forum.

I am an experienced Wisconsin drunk driving (DUI/OWI/DWI) defense lawyer practicing in Madison (Dane County) Wisconsin. The laws in each jurisdiction can be very different. I cannot give legal advice over the Internet nor can I establish an attorney client relationship with you.

To deal with a legal problem, nothing is better than to consult with a lawyer who will give you some time and advice. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services.

This AVVO Answer is provided for general educational purposes only.

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Confidential information should not be disclosed in this Internet forum. Click on the "More..." link for IMPORTANT INFORMATION about this AVVO Answer. . . . . . . . . . . . . . . . . . . . . . . . . . . . I am an experienced Wisconsin lawyer. The laws in each jurisdiction can be very different. I cannot give legal advice over the internet nor can I establish an attorney client relationship with you. You should NOT assume or otherwise conclude that there is an attorney -client relationship between any reader and this writer or his firm. These comments are only guideposts. They are not subject to any privilege protections. Indeed, these internet communications are neither privileged nor confidential. Accordingly, those using this form of communication need to be guarded in what they write. Because of the nature of these communications the information is general only and should not be relied upon in any specific case. This internet site is public forum, where the communications are not confidential or privileged. There may very well be merit to your defense or position in this type of situation. However, there are hardly sufficient details for an attorney to provide you with some path to follow. It is imperative that ALL of the facts in a particular situation be examined. No conclusion can be drawn from the communication that you have provided. There are some matters that are just better handled by an attorney familiar with the procedures of the courts in your area. Most, if not all, legal matters should not be handled via internet communication. At best, the responders on this site can give you a few hints and guidance. To deal with a legal problem, nothing is better than to consult with a lawyer who will give you some time and advice. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services. For a definitive answer you should seek legal advice from an attorney who (1) is licensed to practice in the state which has jurisdiction; (2) has experience in the area of law you are asking about, and (3) has been retained as your attorney for representation or consultation. Your question and the attorney’s answer may be used for promotional or educational purposes.

Posted

I agree with what my colleagues have said here and would only add one thing, as it is specific to Oregon. Unlike some other states, Oregon has a law on the books that says a DUII charge cannot be reduced. In other words, if you were charged with DUII in Oregon, then the only options are beat it at trial, plead guilty (or no contest) to it or somehow get it dismissed. That's it. There's no such thing as reducing DUII to, say, Reckless Driving here.

Posted

I just want to comment on a couple issues: (1) can your Oregon DUII or MIP be "reduced," and (2) the intelligence or a MIP "Diversion." First, since you're a juvenile, a good DUII lawyer may be able to move your case to juvenile court. There's a myth that DUIIs are "automatic remand" in Oregon to adult court. Second, if you participate in MIP diversion or any other form of court-ordered treatment for lighter treatment, you may be barring yourself from DUII Diversion for at least 15 years. In short, you need a good local DUII lawyer. Give one a call now.

Richard E Oberdorfer

Richard E Oberdorfer

Posted

I should add that many cops labor under the delusion that ANY alcohol plus driving equals DUII for an underage person. It does not, it's still a .08 BAC standard. The same is not true for proposed Implied Consent suspensions. If you're picking up what we're putting down, it boils down to: your situation is complicated, dangerous, and fraught with misunderstandings. Get a good lawyer now.

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