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Law Office of Mark Stevens
5 Manor Parkway Salem, NH 03079 Telephone: (603) 893-0074 Fax: (603) 893-5022 info@byebyedwi.com |
Admitted in all state and federal courts in New Hampshire and Massachusetts. Representing clients in criminal defense matters, including narcotics charges, drunk driving charges, Driving While Intoxicated (DWI), Operating Under the Influence (OUI), and Driving Under the Influence (DUI). Representation of clients at Department of Motor Vehicles (NH) and Registry of Motor Vehicles (MA) hearings and appeals. |
YOUR MIRANDA RIGHTS
Have you made a statement about drinking to the police? For a recent New Hampshire Supreme Court opinion on this subject, click here.
“The person in custody must, prior to interrogation, be clearly informed that he has the right to remain silent, and that anything he says will be used against him in court; he must be clearly informed that he has the right to consult with a lawyer and to have the lawyer with him during interrogation, and that, if he is indigent, a lawyer will be appointed to represent him. “
This famous quote is taken from the leading case of Miranda v. Arizona, 384 U.S. 436, 467-473 (1966).
The threshold question then is whether the accused was in custody, and therefore entitled to Miranda safeguards. Once custody is established, Miranda rights attach.
When the police violate the Miranda rights of the accused, the accused should examine whether he should move to suppress any statements that the police obtained unlawfully.
What about the case where the police read the Miranda rights to the accused? These situations should also be examined closely to explore whether the accused knowingly, voluntarily and intelligently waived his Miranda rights. Issues to look for include whether there was an express written waiver of Miranda or whether the police allege there was an express oral waiver of Miranda by the accused.
Like any constitutional question, both the state and federal constitutional treatment of these Miranda issues should be analyzed, and both probably asserted, to gain any advantage that the New Hampshire state constitution or Massachusetts Declaration of Rights may provide.
For an example of a New Hampshire state constitutional Miranda violation by the police, click here for an overview of the case of State v. Duffy, 778 A. 2d 415 (NH 2001).