Maryland DUI/DWI Attorney. In many Maryland Driving Under the Influence (DUI), Driving While Impaired (DWI) cases the issue of a person’s Miranda Rights, that is when or if the rights were read, is central to the outcome of the case. In almost every DUI/DWI case, including one that I had this week in Baltimore County Maryland, the person makes incriminating statements throughout the arrest and booking process. In my initial meetings with both DUI/DWI clients as well as clients charged with more serious criminal cases, the issue of Miranda is very frequently raised by the clients. It is also an subject about which nearly everyone is misinformed about when and under what circumstances the police are required to read a person their Miranda Rights.
So, when and under what circumstances are the police required to read a person their Miranda rights? Most people wrongly believe that as soon as a person is placed under arrest, which they almost invariably define as the point at which they are handcuffed, the police are required to read them thier Miranda Rights. Although this is the common procedure on television, it is simply not how it is done in the real world. The police are only required to read a person their Miranda Rights in the context of a custodial interrogation. That means that the person must both be under arrest (or at least in custody) AND be under interrogation by the police. A common question that I get from my clients in DUI/DWI cases is why are the State is allowed to use incriminating statements that they made to the police prior being read their rights.
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