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Michigan DUI Miranda Rights

If you have ever watched a show about law enforcement, you have probably seen a suspect being read his or her Miranda Rights after being placed under arrest. The police officer says, "You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be appointed for you. Do you understand these rights?"

The Miranda Rights were developed in 1966 by the Supreme Court after the case of Miranda v. Arizona. The court declared that when a suspect is put into police custody, he or she must be told of the Fifth Amendment right to avoid making self-incriminating statements before being questioned.

If the police fail to advise you of your Miranda Rights, there is a chance that any involuntary statements you make may not be used against you in a criminal case. In addition, any evidence that is discovered as a result of a statement or confession made before being read your Miranda Rights can be thrown out of your case.

It is important to note that the police officer does not have to warn a suspect of his or her Miranda Rights if the officer does not plan on questioning the suspect or evoking a statement. There are certain times when a suspect will voice surprise at being caught, such as "You got me." There are other times when a suspect will try to explain his or her actions, by saying something like "I only had three beers." If the statements are made spontaneously by the subject, it may be admissible in court.

If you are arrested for driving under the influence in Michigan, it is important to utilize your Miranda Rights and speak to an experienced defense attorney before answering any questions. It is better to stay silent then to make incriminating statements that can be turned against you in court.

Do you have questions about your Michigan Miranda Rights? If so, contact the attorneys at The Law Offices of Patrick T. Barone. They are known throughout the state for winning cases and for their dedication to their clients.



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