You may invoke the right to remain silent by telling officers that you do not wish to answer any questions, or that you wish to say nothing until your attorney is present. If an officer continues to ask questions, it is a violation of your Fifth Amendment rights and any statements you make are inadmissible in court. You are considered “in custody” when you have been stopped by police and you do not feel that you are free to leave. You may be in custody without being arrested. The police must give you the Miranda warnings when you are in custody and when you are subject to police interrogation.
Police interrogation occurs any time police officers question you or makes a statement meant to illicit a response from you. So even if you are arrested, you may not be given the Miranda warnings immediately if you are not going to be subject to interrogation.
A Miranda warning is a warning that the police will give you advising you of your constitutional right to remain silent and to have an attorney present before answering any questions or making any statements. Miranda warnings are given as a prophylactic measure to protect a criminal suspect’s Fifth Amendment right to avoid self-incrimination.
Generally if a police officer has probable cause to believe that a crime has been committed, the officer may make an arrest without an arrest warrant.
We are based in Athens, GA (Georgia). Our DUI and Criminal Defense Attorneys can help you if you have been charged with DUI or other crimes in Athens, Watkinsville, Carnesville, Elberton, Homer, Jefferson, Danielsville, Lexington, Hartwell, Winder, and Clarke County, Oconee County, Elbert County, Franklin County, Banks County, Jackson County, Madison County, Hart County, Barrow County and Oglethorpe County, Ben Epps Airport, University of Georgia (UGA), Piedmont Judicial Circuit, Northern Judicial Circuit and Athens-Clarke County.
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Athens GA DUI Lawyer – Athens Georgia Criminal Defense Attorney
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