Virginia DUI Arrests & Miranda Rights (Part A)

In the United States all citizens maintain a basic provision of rights. These rights allow us our fundamental freedoms and protect us against injustice. One of these rights, which was set forth by the 5thAmendment to the U.S. Constitution, is the right to not make any self-incriminating statements, or the right to remain silent. As a result of the case Miranda vs. Arizona in 1966, anyone who is taken into police custody must be told of these rights. Consequently, they are known as the Miranda Rights.

Miranda Rights apply to a Virginia DUI arrest as they do to any criminal arrest. Anyone who is taken in to police custody must be told these four things before being questioned:

• 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; and
• If you cannot afford an attorney, one will be appointed for you.

The failure of an officer to read you these Miranda Rights is a violation of the U.S. Constitution. To know exactly how they pertain to your Virginia DUI arrest, and what they might mean to your case, you can get the expert advice of a Virginia DUI defense attorney.

What do Miranda Rights mean to my Virginia DUI?

Whenever you are arrested, a police officer will interrogate you in order to obtain evidence. Anything you say can be used as evidence to prove your guilt in court. However, in order for your words to be admissible in court, you must have been read your Miranda Rights prior to being questioned. If you were not read your Miranda Rights after being arrested for a Virginia DUI, then any statements you made to the police cannot be used as evidence against you.

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• If you want to try to get your license back, you have less than 5 days to hire a lawyer.
• Your trial date is almost always less than 2 months from the date you were charged and, thus, waiting just 14 days to hire a lawyer could severely handicap your defense

• Who is going to be my lawyer at trial?
• What are his/her qualifications?
• Are they AV rated? "AV" = Highest rating possible for Legal Ability and Ethics
• Are they a former prosecutor?
• Where did they prosecute?