The Fifth Amendment of the U.S. Constitution affords citizens a safeguard against self-incrimination. To this end, the Supreme Court ruled in a 1966 case—Miranda v. Arizona—that prosecutors could not enter as evidence any statements that a person had made after having been taken into custody by law enforcement officers.
In simpler terms, this statement basically means that you have the right to remain silent once an officer has read you your Miranda rights. According to the law, an officer is supposed to inform you of your rights once they have determined that they have reasonable cause to arrest you.
If, after you have been taken into custody and read your Miranda rights, an officer begins questioning you, you are not legally obligated to answer any of his or her questions. However, if you answered any questions because you believed you were obligated to, you should tell your lawyer. Unless you have signed a waiver acknowledging that you waived your Fifth Amendment rights, no testimony or answers to questions that you provided to law enforcement officers should be admissible as evidence against you.
If a law enforcement officer has not asked you to sign a waiver of your rights, but continued to interrogate you AFTER having informed you of your Miranda rights, you need to disclose this information to your attorney. This information will be highly applicable in your DUI court case.
Knoxville-based DUI attorney Marcos Garza is highly knowledgeable in DUI law, Miranda rights, the Fifth Amendment and all other aspects of Tennessee state and federal mandates. If you have been charged with DUI in the state of Tennessee, call the Garza Law Firm and schedule a free case consultation. There is no obligation, so you have nothing to lose—but everything to gain.
Call (888) 680-7554 today to speak with a representative at the Garza Law Firm.