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When do Miranda Warnings apply?

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As an Austin Criminal Defense Lawyer and Austin DWI Lawyer I am often asked when Miranda Warnings apply.

Miranda warnings only apply when a person is in police custody and is being questioned by the police. Anything you say to an investigator or police officer before you are taken into custody can be used against you in criminal proceedings, even when you have not been read your Miranda Warnings. This includes at the scene or police station when a reasonable person believes they would have been free to leave.

There are exceptions to this rule, such as vehicle traffic stops. Although you are not free to leave during a traffic stop, the Courts have held that you are not in custody; therefore, whatever you say may be used against you.

Additionally, if you are in custody but are not being questioned, whatever you say can be used against you. For instance, if you are a in the back of a patrol car and begin telling the officer about another crime, that information may be used against you in later criminal proceedings.

When are the Miranda Warnings?

What is the “right to remain silent?”

What is the “right to talk to a lawyer?”

How do I invoke Miranda Rights after I have already waived them?

These questions and more are discussed in the applicable links directly to the left by an Austin Criminal Defense Lawyer | Austin DWI Lawyer.

Proven Defense by a Former Law Enforcement Officer

Many people who are charged with an Austin DWI just assume there is no way to fight it. They think the best they can hope for is a smaller fine or a reduction in the amount of time they lose their license. We focus on defending anyone accused of a DWI. With the right legal counsel, there are other outcomes. Depending on the facts of the case, what if

  • Instead of months of suspension, you don’t lose your license at all?
  • Instead of making a deal for probation, you never get convicted?
  • Instead of having a DWI conviction, your record stays clean?
  • Instead of cutting bad deals, you get a vigorous DWI defense?

While every case depends on the facts and circumstances at play, mounting an aggressive defense to DWI charges may be your best option. The Austin Criminal Defense attorneys at Stephen T Bowling, P.C., handle all drunk driving cases, defending clients in both the criminal proceedings and driver’s license hearings.

Don’t trust just anyone with your DWI defense. Contact the law firm of Stephen T Bowling, PC, by e-mail or call us at 512-599-9000 to schedule your free consultation with an Austin DWI lawyer to discover some strategies we pursue in defending Austin Driving While Intoxicated cases.

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