Criminal Defense Questions: No Miranda Rights After DUI

Question: My husband is in jail for 30 days for his second DUI offense. The charges came nearly four months after the incident, but he was never read his Miranda rights at any time, is this an issue?

Amir’s Answer: Whether your husband should have been Mirandized and whether the officer’s failure to read him the warning constituted a violation of his rights are valid concerns. The problem is you’ve indicated he’s already serving a sentence on those charges, which means he’s either entered a plea and likely waived his right to contest the case or he’s gone to trial and lost. If he entered a plea and didn’t understand the implications of his plea and wishes to withdraw it, he has 30 days from the date of the entry of his plea to do so. I do not recommend he do so without consulting with his lawyer or if unrepresented, by consulting with an experienced DUI lawyer as this could very well be an appropriate resolution to the case and you wouldn’t want to unwind it without knowing the full range of possible benefits and consequences.

Author: Amir Ladan
A former assistant state attorney for Orange/Osceola Counties, Amir has handled thousands of cases and dozens of trials, ranging from DUI and traffic offenses to murder, in both adult and juvenile court.
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