are you supossed to be read your rights in the state of ala. when you are arrested?
Question Details: i was arrested in covington co. ala. because i had an open beer outside a store. i was not drunk disordley driving nothing. i was not given my rights, i was not screached, i was not given a ticket to explain the charges. i was held uner a $4500.00 bond and given a court date at the county. i want to fight this. i was told over the phone i would have to go to some kind of court orderd treatment. please advise.i live in the state of florida. thnnk you
DUI / DWI Law Answers
You would have to have been given some sort of paperwork that states your charges; if not, you need to speak up about that when you go to court. It sounds like you're being charged with drinking in public, but you need to know exactly what the charge is, to be able to defend yourself.
Your rights weren't violated because you weren't questioned. The Miranda warnings have to be given only when you are in "custodial interrogation."
I'd recommend that you at least talk to a lawyer in that county, and strongly consider retaining one to defend you. One place to look for an attorney out of state is our website, http://attorneypages.com
If you were not in custody, it is perfectly legal for the police to question you without giving you the Miranda warning. You would only have to have your rights read if you were in custody and then questioned; in other words pre-arrest questioning does not implicate your Miranda rights. Additionally any statements made can be later introduced as evidence and used against you.
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