Under the U.S. Constitution, an individual has the right to not make any self-incriminating statements. In layman's terms, this is also known as "the right to remain silent." After the famous case of Miranda vs. Arizona in 1966, it was decided that anyone who is taken into police custody must be informed of these basic rights. An arresting officer must tell you:
- You have the right to remain silent;
- You have the right to an attorney; and
- If you cannot afford an attorney, one will be appointed for you.
In addition, an officer must also tell you that "anything you say can and will be used against you in a court of law." Therefore, it may be in your best interest to remain silent by claiming your Miranda Rights.
If an arresting officer fails to read you these mandatory rights, then any subsequent interrogation is in breach of U.S. law. This means that any confession or statements that you make will be inadmissible to your case. Any evidence that was obtained as a result of your confession will also be inadmissible. To know more about how your Miranda Rights might affect your Virginia DUI, you can contact a Virginia DUI attorney for professional advice.
If you have recently been charged with a Virginia DUI, visit our article library to learn how your Miranda Rights might affect your case.
Virginia DUI Lawyer Bob Battle has the experience and ability to help his clients mount a successful DUI defense. To learn more about Virginia DUI, get a free copy of Bob Battle's consumer guide, How to Choose a DUI Lawyer in Virginia. Or, contact 804-673-5600 to schedule your legal consultation today.