If I was not read my Miranda rights when I was arrested, what the consequences?

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If I was not read my Miranda rights when I was arrested, what the consequences?

I was put in handcuffs and no officer read me my Miranda rights when I was put into a car and then drove to the jail place still was not given my rights. I was in shock with what was happening and this being my first offense on my record I wanted to get it done and over with. They wanted to draw blood. I told them that I have a fear of needles and that I needed to lay down. However, I was not given the chance to. Then I told the officer it was hurting and the needle was burning he did not stop he told me over and over again that I’m doing find just a few more second and he would be done.

Asked on October 9, 2010 under Criminal Law, Arizona

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Many people believe that they can "beat the case" if the officer doesn't read them their Miranda rights during an arrest. This is a myth. The Miranda warning must only be given if a person is in custody and then questioned. However, if a person is in fact in custody and then questioned without being Mirandized, then any statements so made cannot be used. The 2 exceptions to this: the statements were voluntarily and knowingly made any way (ie the defendant waived his rights); or the questioning incidental to the booking process (ie. name, address, etc). Note: Any questioning before being taken into custody is legal.

As to the blood draw, the AZ Supreme Court recently ruled the 4th amendment protect requires that police must get a search warrant to take a blood sample from a DUI suspect unless the person clearly consents to providing a sample. If a warrant was not obtained (you did not indicate whether or not one was) then you have a definite legal concern.

At this point, you should consult with a DUI attoreny. There are possible defenses that can be enlisted in your case which could result in a reduced charge or outright dismissal. Your best bet is to now consult with one in the area where all of this occurred. In addition to any legal arguments that can be made on your behalf, they will also have contacts within the local court system that they can utilize to your advantage. Since a DUI triggers both civil and criminal cases, you really should have legal representation.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Many people believe that they can "beat the case" if the officer doesn't read them their Miranda rights during an arrest. This is a myth. The Miranda warning must only be given if a person is in custody and then questioned. However, if a person is in fact in custody and then questioned without being Mirandized, then any statements so made cannot be used. The 2 exceptions to this: the statements were voluntarily and knowingly made any way (ie the defendant waived his rights); or the questioning incidental to the booking process (ie. name, address, etc). Note: Any questioning before being taken into custody is legal.

 As to the blood draw, the AZ Supreme Court recently ruled the 4th amendment protect requires that police must get a search warrant to take a blood sample from a DUI suspect unless the person clearly consents to providing a sample. If a warrant was not obtained (you did not indicate whether or not one was) then you have a definite legal concern.

At this point, you should consult with a DUI attoreny. There are possible defenses that can be enlisted in your case which could result in a reduced charge or outright dismissal. Your best bet is to now consult with one in the area where all of this occurred. In addition to any legal arguments that can be made on your behalf, they will also have contacts within the local court system that they can utilize to your advantage. Since a DUI triggers both civil and criminal cases, you really should have legal representation.


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