We all have certain rights in this country, and one could argue that being made aware of our rights is most important when we are being charged with a crime. That is why the police must “Mirandize” anyone who they arrest. This clearly spells out a suspect’s rights and lets them know how the next part of the process will go. When the police do not read you your rights, your constitutional rights are being violated. That can make it easier to win your DUI case because it gives a Bergen County criminal defense attorney the chance to throw out some of the evidence against you.
The police need to tell you your rights when you are arrested, no matter what you are arrested for. So if you are brought in after a traffic stop because they suspect that you were driving while intoxicated, it is the arresting officer’s duty to tell you what your rights are before anyone else talks to you. There are a few key rights that need to be kept in mind here.
First, there is the right to remain silent. We all have the constitutional right to remain silent. This can protect us from self-incrimination. Talking to the police when you are under suspicion of committing a crime can be dangerous. Even an innocent statement can be taken the wrong way and used against you. Staying silent is an important right that every suspect needs to be made aware of.
Second, there is the right to an attorney. At any time during the questioning after an arrest, you should be able to ask for a lawyer. Then the questioning stops. No one talks to you again until your attorney arrives.
Your defense attorney is there to help when you feel that your rights have been violated. If you were not read your rights and made aware of your ability to remain silent or ask for an attorney, that may have affected your behavior. You may have been easier to coerce into offering a confession. If you confessed and you were not read your rights, your attorney will work to get that confession thrown out. That is a key piece of evidence that the prosecution can no longer use against you.
Then your lawyer can look into other things about the arrest. If these cops did not read you your rights, maybe they also did not have a legal reason to stop you in the first place. Maybe they did not perform the field sobriety test correctly. Your lawyer can potentially get even more evidence against you thrown out, greatly weakening the state’s case. This does not guarantee that you win your DUI case, but it can boost your odds.
If you believe that your rights were violated, we are ready to assist you. Contact the Law Office of Attorney Conway and schedule a consultation. Tell us more about what happened to you and we will get ready to fight on your behalf.