http://www.fultoncountydui-law... Arrested? DUI Fulton County Ga? No your Miranda Rights. DUI Attorney Justin Williams explains.
Miranda Rights
A lot of my clients that are alleged criminal defendants will often say to me, during our initial interview, that they were never read their Miranda rights. It is important to know that Miranda rights are applicable to one specific aspect of being in state custody and that is during questioning or interrogation. An officer may ask you as many questions as they like regarding any matter, as long as you are not in state custody, and your answers will be evidence that can be used against you. Whether you are in custody is a question of law for a judge to determine. However, after you’ve been arrested, no one denies that person is in state custody. Any evidence obtained after Miranda rights are given and the arrested individual speaks freely, that evidence can be used against them. Six requirements must be present for Miranda to apply.
1. Evidence must have been gathered.
2. The evidence must be testimonial.
3. The evidence must have been obtained while the suspect was in custody..
4. The evidence must have been the product of interrogation.
5. The interrogation must have been conducted by state-agents.
6. The evidence must be offered by the state during a criminal prosecution.
Remember, if you are arrested for any offense, call an experienced Fulton County DUI Defense Lawyer who knows the law and will look out for you to make the best of a bad situation.
Arrested? DUI Fulton County Ga? No your Miranda Rights. DUI Attorney Justin Williams explains.
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