Articles Posted in Miranda rights

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Do Police Have to Read You Your Rights?

Police have an obligation to read you your Miranda warnings before conducting a custodial interrogation. An interrogation means that the questions are designed to elicit an incriminating response. Meaning, routine questions such as what your name is, your address, and your date of birth are not considered to be interrogative. However, arrests can occur without a reading of Miranda as long as no incriminating questions are being asked of you. But, if police choose to interrogate you at any time after arresting you, your rights must be read to you before any questioning occurs.

In addition to being interrogated, you also must be in police custody in order for the Miranda laws to apply. Custody means that your freedom of action must be deprived in some way. Maine courts have traditionally held that an interrogation is custodial if a reasonable person in your shoes would have felt that he or she was not at liberty to end the interrogation and leave. Being in custody may mean that you are in handcuffs, in a police cruiser, at the police station, or other similar scenarios where you are not free to leave at your own will. But ultimately, there are many factors that are considered by courts in determining whether you were truly in police custody, which is why consulting with an attorney can be important.

Updated June 5, 2020|by Katherine M. Campbell and Vincent S. LoConte, Criminal Defense Lawyers with the Webb Law Firm in Southern Maine

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No concept in criminal law is more widely known than the obligation for police to read a person his or her right ONCE IN CUSTODY. Unfortunately, in the context of an OUI-DUI arrest, this principle is also widely misunderstood. You will not be permitted to stop this process and contact law firms near me for legal advice.

The key place that the confusion arises is that (after being arrested and cuffed) the person is given implied consent rights, which notifies the arrested drunken driver suspect to give an alcohol breath test or allow a blood extraction. The detained citizen often wants to speak to an attorney to get legal advice on what to do, and this request is not accommodated.

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