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New York DWI/DWAI Miranda Rights

Before a police officer can conduct an interrogation, he or she must read a suspect their Miranda Rights and advise them of their right to remain silent and to speak with an attorney before answering any questions. If you have been arrested for driving while under the influence of alcohol and/or drugs in New York, it is important that you consult with an experienced DWI defense attorney as soon as possible.

Miranda Rights were created in 1966 by the U.S. Supreme Court after the case of Miranda v. Arizona. The Miranda Warning typically states that you have the right to remain silent and anything you say can be used against you in court. You also have the right to a lawyer, and if you cannot afford a lawyer, one will be provided for you.

There is a common misconception, however, that the Miranda Rights must be read after every arrest. The Miranda Warning must be read only if the police intend to question a suspect, though asking questions regarding the suspect’s name, age, or address does not require notifying reading these rights.

The police officer should ensure that the suspect understands these rights. If the suspect speaks another language, a translated version of these rights, whether recorded or written, must be provided. If an officer does not notify the suspect of his or her rights, and the suspect confesses to a crime or makes self-incriminating statements during an interrogation, the confession is considered inadmissible in court. 

At Astarita & Associates we have vast experience in challenging the admissibilty of any statements made by our clients to a police officer.  We will investigate whether the Miranda warnings were properly administered and whether their statements were made knowingly, intelligently, and voluntarily.  If not, we will agressively defend your rights and vigorously ensure that these statements are rendered inadmissable; which often will be the key to either a favorable plea disposition, a not guilty verdict at trial, or even an outright dismissal of all charges.