A state in which a person's freedom to move or freedom to leave is restricted; one of the two factors that triggers Miranda.
“A question that's designed to elicit an incriminating response, for example, is how much alcohol did you have to drink? And you're sitting there in handcuffs? Now, the reason I said you're sitting there in handcuffs is that question, how much alcohol did you have to drink can be designed to elicit an incriminating response or cannot be. And what we see happening is it depends on whether or not you are in custody, and being questioned in a way that you could be made to incriminate yourself. So those are the two factors when we're looking at whether or not Miranda rights have to be read.”
“Police can ask you investigative questions, they can ask you basic questions to decide if this is a case. But once you are in custody, in other words, if your freedom to move or your freedom to leave is restricted, you're in custody and police custody, and then they start asking you questions that could incriminate yourself. That's when Miranda kicks in.”
“So if you have a case where you were arrested and never read your rights, you may have a violation or you may not. So if you're arrested, and they just haul you off to jail, and you don't say anything, they don't ask you any questions. There's no violation there. If they arrest you, and you just start spouting off at the mouth saying all kinds of things and they didn't ask you any questions. You yourself you are just voluntarily giving information. But if they put you in handcuffs, they're taking you to jail and then they start asking you questions about what happened. That is where they have to read your rights. The best thing you can possibly do for yourself is have an experienced criminal defense attorney look at your case.”
“it depends on whether or not you are in custody, and being questioned in a way that you could be made to incriminate yourself. So those are the two factors when we're looking at whether or not Miranda rights have to be read.”
“But once you are in custody, in other words, if your freedom to move or your freedom to leave is restricted, you're in custody and police custody, and then they start asking you questions that could incriminate yourself. That's when Miranda kicks in.”
Alexis explains: "But once you are in custody, in other words, if your freedom to move or your freedom to leave is restricted, you're in custody and police custody, and then they start asking you questions that could incriminate yourself. That's when Miranda kicks in."
Answered by Alexis Austin Litle · Watch clip ↗Alexis explains: "it depends on whether or not you are in custody, and being questioned in a way that you could be made to incriminate yourself. So those are the two factors when we're looking at whether or not Miranda rights have to be read."
Answered by Alexis Austin Litle · Watch clip ↗Alexis explains: "Police can ask you investigative questions, they can ask you basic questions to decide if this is a case. But once you are in custody, in other words, if your freedom to move or your freedom to leave is restricted, you're in custody and police custody, and then they start asking you questions that could incriminate yourself. That's when Miranda kicks in."
Answered by Alexis Austin Litle · Watch clip ↗Alexis explains: "So if you have a case where you were arrested and never read your rights, you may have a violation or you may not. So if you're arrested, and they just haul you off to jail, and you don't say anything, they don't ask you any questions. There's no violation there. If they arrest you, and you just start spouting off at the mouth saying all kinds of things and they didn't ask you any questions. You yourself you are just voluntarily giving information. But if they put you in handcuffs, they're taking you to jail and then they start asking you questions about what happened. That is where they have to read your rights. The best thing you can possibly do for yourself is have an experienced criminal defense attorney look at your case."
Answered by Alexis Austin Litle · Watch clip ↗Each answer links directly to the source where a Right Law Group attorney addressed this question.
4 answers grounded in Right Law Group sources
a DUI case
knows the law and helps represent you to the best of their ability
helped me get a DUI case dismissed in El Paso county
pulled over in Manitou Springs and accused of a DUI… even though I was completely sober!
They took the time to hear me out, review every detail of my case, and make sure I was never left in the dark
Dismissed at the DMV hearing, and dismissed in court