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5th Amendment Tag

The Bottom Line on the Miranda Warning

The Bottom Line on the Miranda Warning

While many Oklahomans have heard of the Miranda warning, not all realize its purpose, meaning, and implications for a criminal case. What Is the Purpose of the Miranda Warning? The Miranda warning alerts people who are being held in custodial interrogation by the police of their rights, including: The right to remain silent, The right to consult with an attorney and have the attorney present during police questioning, and The right to have an attorney appointed if you are unable to pay for one. What Is the Meaning of the Miranda Warning? In theory, the Miranda warning is supposed to prevent a situation when...

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When Do You Have a Right to an Attorney After a DUI Arrest?

When Do You Have a Right to an Attorney After a DUI Arrest

The right to an attorney in a DUI case is the same right that you have in other criminal matters. You may be surprised to hear that the police can require you to take a breath test or standardized field sobriety tests before you have the right to an attorney. In fact, your right to have an attorney begins when any “custodial interrogation” begins, not when you are pulled over. “Custodial” means that a reasonable person would not feel free to leave the situation. Courts ask whether the situation presents the same coercive pressures as a “station house questioning” at the...

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Your Right to Remain Silent in DUI Cases

Your Right to Remain Silent in DUI Cases

Your silence could protect you in a DUI case. If you are worried about incriminating yourself when you speak to the police, “plead the Fifth” before or after an arrest. The Fifth Amendment to the Constitution of the United States affords Americans this right, but far too few people know how to use it. The “right to remain silent” part of the Fifth Amendment reads: “No person … shall be compelled in any criminal case to be a witness against himself.” Invoking the right is to refuse to answer a question because its implications and the circumstances under which it is...

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