The constitutional rights read to a suspect upon arrest, including the right to remain silent and to an attorney.
“what's going to happen is the officer is going to ask you questions you know you're being investigated for a dui if they say how much have you had to drink tonight now you have the right not to incriminate yourself you have the right not to say anything that is going to in any way hurt you but a lot of the times they're asking because they think that you have had something to drink so you have to make that decision as to whether or not you want to admit that you've been drinking or not you do have to remember though anything you say to the police can and will be used against you”
“The sixth mistake I see is too often giving up and pleading guilty too quickly. A DUI charge does not mean automatic conviction. There are numerous defenses that can be explored. For instance, illegal traffic stops, improper field sobriety test administration, breath test errors or calibration issues, blood test contamination, rising BAC, medical conditions that could affect the results, violations of Miranda rights, and procedural stakes by law enforcement. Every case deserves a thorough investigation before you consider any plea agreement. I've seen charges reduced or even dismissed in cases that initially looked hopeless.”
“The sixth mistake I see is too often giving up and pleading guilty too quickly. A DUI charge does not mean automatic conviction.”
“Do the cops have to renew your rights, your Miranda rights? Interestingly, the answer is no, you do not have in every case, the right to be read your rights. Most people understand the idea of Miranda rights or they understand that when they're arrested, they have to be told you have the right to remain silent, you have the right to have an attorney all of these rights. And you have the right to be told that anything you say can and will be used against you in a court of law. What a lot of people don't know is you don't have to be read your rights.”
“The Miranda rights came about from a case it's a Supreme Court case, the United States Supreme Court case, Miranda versus Arizona and the holding of the US Supreme Court had was that if police are going to ask you questions. And this is a key that are designed to elicit an incriminating response, then they have to advise you of your rights under the US Constitution. But if police are not going to ask you questions designed to elicit incriminating responses, they don't have to read you your rights.”
“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.”
Right Law Group's guide explains: "When emotions run high in an altercation between spouses or relatives, things can quickly escalate into a domestic violence charge ."
Source · Read guide ↗Right Law Group's guide explains: "When dealing with the police, there are several things you should keep in mind in order to help keep the interaction from escalating."
Source · Read guide ↗Alexis explains: "Anything you say can and will be used against you in a court of law. That even means if you're telling your side of the story, because what happened, we have another video where we talked about talking with the police. But what happens is people's memories change, people get flustered."
Answered by Alexis Austin Litle · Watch clip ↗Right Law Group's guide explains: "Alexis Austin on Ask the Expert with Steve Sleeper Last week Attorney Alexis Austin joined Steve Sleeper on his podcast Ask the Expert to talk about her experience as a criminal defense lawyer here in Colorado Springs, as well as what to expect following an arrest and the impact COVID – 19 has had on the court systems."
Source · Read guide ↗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 ↗Right Law Group's guide explains: "” Your mind races, thinking this must be some mistake. But as officers put you in handcuffs and recite your Miranda rights, reality sets in – you’ve been arrested for attempted murder."
Source · Read guide ↗Right Law Group's guide explains: "When you are charged with a crime, the expertise of an experienced Colorado criminal defense lawyer becomes invaluable. The local attorneys at Right Law Group can guide you through the legal process and protect your rights."
Source · Read guide ↗Right Law Group's guide explains: "Key Findings on Prescription DUID Charges If you’re facing a DUID (Driving Under the Influence of Drugs) charge in Colorado involving medication prescribed by your doctor, you are likely feeling shocked, confused, and unfairly targeted."
Source · Read guide ↗Right Law Group's guide explains: "Challenging the Evidence Against You Before Trial / Surviving Arrest In CO Challenging the Evidence Against You Before Trial One of the many services your criminal defense attorney can provide for you is to challenge the evidence that prosecutors have against you."
Source · Read guide ↗Right Law Group's guide explains: "Colorado criminal charges are frightening for people to experience, especially for those wrongfully accused of a crime. Knowing what to expect from a penalty standpoint can help you understand the gravity of your situation and what the future could look like if a prosecutor pursues a conviction."
Source · Read guide ↗Right Law Group's guide explains: "Criminal procedure in Colorado can be complicated and incredibly difficult to manage on your own. People will say that it is our actions that define us, but the fact of the matter is, that’s only partially true."
Source · Read guide ↗Alexis explains: "Do the cops have to renew your rights, your Miranda rights? Interestingly, the answer is no, you do not have in every case, the right to be read your rights. Most people understand the idea of Miranda rights or they understand that when they're arrested, they have to be told you have the right to remain silent, you have the right to have an attorney all of these rights. And you have the right to be told that anything you say can and will be used against you in a court of law. What a lot of people don't know is you don't have to be read your rights."
Answered by Alexis Austin Litle · Watch clip ↗Right Law Group's guide explains: "How to Beat A DUI In El Paso, Douglas, Arapahoe and Surrounding Counties Stuck dealing with a DUI arrest and wondering how to beat a DUI in Colorado?"
Source · Read guide ↗Alexis explains: "If you have been charged already with a crime, do not say anything to anyone except your lawyer. Because and again, do not tell your side of the story to anyone, cops, friends, neighbors, Mom, no one, do not tell your side of the story to anyone except your criminal defense attorney. The reason for that is, I'm sure you all heard in the videos and movies and everything else, the Miranda rights thing, you have the right to remain silent."
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 ↗Right Law Group's guide explains: "If you or someone you know has been accused of shoplifting in Colorado Springs, Castle Rock, Denver, Highlands Ranch, or surrounding areas including Teller county and southern Colorado, understanding the potential consequences is essential."
Source · Read guide ↗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 ↗Alexis explains: "the easiest thing to do is just to listen to the client i mean that is something that um law enforcement doesn't do the greatest job of and if they do they're only talking to somebody to pick out the little things that they can do to use against them um you know that's some of those rights that he gets anything that you can say canada will be used against you and that's what it is you're not you're not going to have when you're reading these police reports you're not going to have a full accounting of what is actually said um by the the defendant you're going to have the little snippets picked out that they think that they can use against them"
Answered by Alexis Austin Litle · Watch clip ↗Alexis explains: "The Miranda rights came about from a case it's a Supreme Court case, the United States Supreme Court case, Miranda versus Arizona and the holding of the US Supreme Court had was that if police are going to ask you questions. And this is a key that are designed to elicit an incriminating response, then they have to advise you of your rights under the US Constitution. But if police are not going to ask you questions designed to elicit incriminating responses, they don't have to read you your rights."
Answered by Alexis Austin Litle · Watch clip ↗Right Law Group's guide explains: "Getting arrested for drug charges in Colorado can be frightening and confusing. Whether you’re facing charges for fentanyl possession , marijuana violations, or other controlled substances, understanding the arrest process and knowing your legal rights is essential to protecting your future."
Source · Read guide ↗Alexis explains: "what's going to happen is the officer is going to ask you questions you know you're being investigated for a dui if they say how much have you had to drink tonight now you have the right not to incriminate yourself you have the right not to say anything that is going to in any way hurt you but a lot of the times they're asking because they think that you have had something to drink so you have to make that decision as to whether or not you want to admit that you've been drinking or not you do have to remember though anything you say to the police can and will be used against you"
Answered by Alexis Austin Litle · Watch clip ↗Each answer links directly to the source where a Right Law Group attorney addressed this question.
22 answers grounded in Right Law Group sources
Got into a DV case because of an ex I let back in the home and made my life very hard
he fought hard for me
they dismissed the whole case
their belief of my side and story and their knowledge in the legal system they were able to get my case dismissed
get my case dismissed