Gruenwald, Raymond:
MIRANDA WARNINGS
An area of confusion for many New York clients who have been arrested and charged with a crime has to do with ÒMirandaÓ warnings. Therefore, as a service to their New York City and surrounding area criminal defense clients and prospective clients, Raymond B. Grunewald & Associates offers answers to the following frequently asked questions:
What is a Miranda warning?
A Miranda warning advises individuals of their constitutional right to remain silent and to refrain from answering any questions. A Miranda warning also advises individuals of their right to have a lawyer present before answering any questions.
If I am not under arrest, do I have to answer a police officerÕs questions?
No. Unless you are placed under arrest you are free to leave at any time. However, if a police officer stops you while you are walking, and asks you for identification, it is probably in your best interest to provide such information. The courts have allowed police officers to detain people for extended periods of time in an effort to determine the identity of the individual.
EXAMPLE: Tommy is walking down the street and approached by Officer Doright. Officer Doright begins to question Tommy about a bank robbery that happened a few days ago. The conversation looks like this:
Officer Doright: Hey, excuse me; I would like to ask you a few questions.
Tommy: Umm, ok, what is this about?
Officer Doright: IÕm investigating a robbery that happened a few days ago, I thought that you might be able to give me some information.
Tommy: I just got back in town today from Europe; I really donÕt think that I can help.
Officer Doright: You say you just got back, thatÕs interesting because you fit the description of the robber that the bank teller provided.
Tommy: Excuse me Officer, am I under arrest?
Officer Doright: Umm, well no, but if you have something that you would like to say about the robbery, I promise to help you out.
Tommy: No thank you Officer. Tommy then continues with his walk home from the airport.
Must a police officer always advise a person of their Miranda rights before asking a question?
No. The Miranda warning is only required during a custodial interrogation. This means that the individual being questioned is in actual custody or in an environment in which a reasonable person would not believe that he or she is free to leave.
For example: Officer Jones is investigating a robbery at the local supermarket. The cashier indicates that a customer named Mary Smith may have seen the robber. When Officer Jones interviews Mary, they are standing at the exit of the supermarket. During the interview, Mary makes incriminating statements regarding her participation in the robbery. Can MaryÕs statements be used against her later, even though she was not given a Miranda warning? The answer is probably yes, because Mary was not in custody when she was being asked the questions. Therefore, Mary was free to leave if she wanted to.
If I am in custody, how do I assert my right to remain silent?
A suspect who has been arrested need only say ÒI want to speak with a lawyerÓ or ÒI have nothing to say now.Ó If the police continue to question the suspect, the police have likely violated the suspectÕs 5th and 6th Amendment rights. Anything that the suspect says after the violation will usually be inadmissible as evidence in court.
Can I waive my Miranda rights?
Yes. If you have been arrested in New York and you have been advised of your right to remain silent and of your right to speak to an attorney, then anything that you say after can and most likely will be used against you in court.
But the police officer said that if I talked, he would help me out.
This is something police officers always say. Police officers have no control over what happens to you after you have been arrested. The determination of what you will be charged with, how your case will progress and how you will be sentenced if found guilty, is up to the local, state or federal prosecutor handling your case, possibly a jury and the trial judge. Accordingly, if you are arrested and accused of a crime, it is best not to talk with anyone other than your criminal defense lawyer, otherwise, your case may be more difficult to defend. It is almost always easier for a criminal defense lawyer to defend a case when the person charged has not given a statement to the police.
New York State's "Zero Tolerance" Law became effective on November 1, 1996.
The Zero Tolerance law applies to a person under age 21 who operates a motor vehicle with a blood alcohol concentration (BAC) of .02% or more but not more than .07%.
Even though the law is called "zero tolerance," the minimum BAC is .02 and not 0. This is because certain cough syrups and mouthwashes contain alcohol, and since some families will permit the consumption of small amounts of alcohol as part of religious or family functions. The Legislature decided to set the standard at .02% in order to address only those young people who had willfully consumed alcohol and operated a motor vehicle.
If you are stopped
...
If you are stopped by a police officer for having consumed alcohol and the officer deems that you are younger than 21 and appear to have consumed alcohol, you will be temporarily detained for the purpose of taking a breathalyzer test to determine your blood alcohol level (BAC), usually at the police station.
If you refuse to take a breath test, you will be subject to a license revocation of at least one year.
Blood Alcohol Content (BAC) and How You May Be Charged
BAC
Offense
Procedures
.02% or more but not more than .07%
Driving after having consumed alcohol (a zero tolerance violation)
Administrative Hearing
more than .05% and less than .10%
Driving while ability is impaired by alcohol (DWAI)
Criminal Court
.10% or more
Driving while intoxicated (DWI)
Criminal Court
Blanch Law Firm:
When the Police Ask to Search You
You must always cooperate with the police and should not resist arrest
or search. But, make them do their job, so as to avoid being wrongly
convicted for a crime you did not commit.. If the police merely ask if
they may search you, your home or your car, tell them "not without a
warrant." In many situations the police do not need a warrant to search
you. In these situations they will conduct a search whether you allow
them to or not, assuming they have a good faith belief that you have
committed a crime.Allow them to search you and be cooperative and
respectful at all times.Just don''t volunteer to do anything the police
have not ordered you to do. If you volunteer it, by giving verbal
permission or by opening a trunk or suitcase for the police when they
are merely asking you if you would mind doing so, you may lose your
right to object to the admission of any evidence they uncover as a
result of this search-- because they did not find the evidence, you
gave it to them on your own. Therefore, as far as your rights are
concerned, there was no search and you cannot object to the evidence.
Know your constitutional rights. The Fourth Amendment requires police
officers to have "reasonable suspicion" before stopping you and forcing
you to answer questions. They can, however, engage anyone in a
conversation and ask them to show them i.d. open a suitcase or
trunk. But they cannot require you to do anything without a
reasonable suspicion that a crime is a foot. In order make a full
arrest, the police need something a little more than reasonable
suspicion. For an arrest the police must have "probable cause" to
believe that you are committing, or have committed, a crime.
Eric Sears:
* DWI criminal record: A DWI conviction can mean you will have a
criminal record for the first time in your life. At our DWI defense law
firm, we will help you fight the charges. Was the breathalyzer properly
calibrated? Were sobriety tests properly administered? Did the officer
have cause to pull you over? * Your driving record: In addition to the
DWI criminal charge, you face a loss of your driver's license. If you
need to be able to drive, we will work to obtain a waiver so that you
can have limited driving privileges. If you refused the breathalyzer
test, you will lose your license. * Financial consequences: A DWI
conviction will mean higher car insurance rates. You can also be fined
and you may be required to attend classes you must pay for.
Sullivan & Brill:
Many states have now lowered the legal blood alcohol concentration
(BAC) limit from .10 to .08 percent for adults, and more than a dozen
states have passed Zero Tolerance laws that prohibit drivers under
twenty-one years old from having any measurable amount of alcohol in
their blood system. As the legal limits decrease, so do your chances of
being charged with drunk driving if you choose to drink and drive. If
you've been arrested for drunk driving, you need the skill and
expertise of an experienced drunk driving attorney to see you through
the complicated legal maze that awaits you. The crime of drunk driving
is also known as "driving under the influence," or DUI, and "driving
while intoxicated," or DWI. In some states, the crime may be known as
"operating while intoxicated, or OWI, or "operating under the
influence," or OUI. The names vary according to how state laws refer to
or define the crime. Whatever the name, the state laws all have a
common aim of punishing those who drive while under the influence of
alcohol or illegal drugs. A drunk driving conviction carries with it
serious and long-lasting consequences: jail or prison time, a heavy
fine, and suspension or revocation of a driver's license. A person who
is facing a drunk driving charge should not hesitate to seek immediate
legal counsel from an experienced drunk driving defense attorney.
Klara Wang:
Generally speaking legal issues are to be determined by the trial court
and factual issues are to be determined by a jury or judge if no jury
is present. However, either the judge or the jury may determine
preliminary determinations of facts.
Bienefeld & Wertman:
Driving While Intoxicated is a Crime in New York that creates a number
of issues and difficulties for people who are accused. Driving While
Intoxicated, or DWI cases in New York can range in seriousness and
complexity from something that can be dealt with in relatively short
order without significant inconvenience to full blown felony charges
carrying potential long term state prison sentences. Trials of Driving
While Intoxicated cases can, under some circumstances, be among the
most specialized and complex, expert driven trials or a comparatively
far simpler trial essentially boiling down to a determination of who
was driving the car in question.
In order to know where your New York Driving While Intoxicated case
fits in the grand scheme of driving while intoxicated cases, you ought
to consult a new york criminal defense lawyer with experience in the
area of driving while intoxicated cases.
Driving While Intoxicated Cases Have Many Implications Beyond the
Criminal Case
In the New York Metropolitan Area, Driving While Intoxicated Cases
create a number of other problems, some of which can require retaining
counsel separately from the criminal case itself.
Calisi & Associates:
Before making a decision on hiring an Attorney remember to consider how much experience your Attorney has.
Allen Kaplun:
Arrested in New York?
Take a Long, Hard Look at the Charges Filed Against You.
Then you need to ask yourself these three vital questions: DWI, Kings
County, all charges dismissed
Weapons Possession, Queens County, all charges dismissed
Assault, Queens County, reduced to disorderly conduct.
Sale of Alcohol to a Minor, Kings County, Charges reduced to $100 fine.
Driving with a suspended license, Queens County, dismissed
Petty Larceny, New York County, Charges dismissed
Criminal Possession of a Forged Instrument, Kings County, dismissed
Grand Larceny, Kings County, dismissed
DWI, Kings County, all charges dismissed 1. Do you know how you are
going to defend yourself against the charges against you? 2. Can you
find a New York criminal defense attorney to help you without just
guessing? 3. Are you prepared for what could happen to you if you are
found guilty?
If you're like most people, you feel afraid about what's going to
happen to you. Being arrested is a horrible and humiliating experience.
Adam Mehrfar:
Can I fight my DUI arrest?
Yes. You may request a review of the driver`s license suspension by the
department of motor vehicles within a specified number of days
following your arrest. At a formal review, the hearing officer is
authorized to administer oaths, examine witnesses and take testimony.
If you request an informal review hearing, it shall consist solely of
an examination by the department of the written materials submitted by
the arresting officer, as well as anything you wish to submit. You
generally cannot attend an informal hearing.
Mindy Paget:
In todayÕs legal environment, matching your needs with the correct firm
is crucial to the successful outcome of your legal matters. Like so
many other areas, in law, the pace of change and the details can be
overwhelming.
As an informed consumer of legal services, you need to be sure that the
firm you select is in fact qualified to handle the matter at hand.
Today, thatÕs more important than ever.
Ronald Meltzer:
DWI arrests in New York will trigger two separate cases for those
accused of driving while impaired. The first is the DWI case in
criminal court; the second is the DMV case, where the New York DMV is
empowered to suspend the driving privileges of those accused of DWI or
DWAI (driving while abilities are impaired by alcohol).
New York DWI cases can be brought under one of two theories: either
violation of the DWI "per se" law (which is based only on alcohol
level, not driving impairment) , or under a traditional "common law"
theory (where the prosecution must prove that the driver is
intoxicated) . Intoxication, for the purpose of Vehicle and Traffic
Laws, is a condition where the motorist lacks the necessary physical
and mental skills to operate a motor vehicle as a reasonable and
prudent driver. New York DWI arrests based on the common law theory do
not require any measurement of BAC ; they may be based entirely on the
opinion of the arresting officer.
DWI cases can be "aggravated" (with harsher punishment) where the BAC
is .15 or more, where there is a traffic accident, refusal to take the
chemical test , or any other attempt to evade police or flee the scene
of a DWI accident.
New York DWI law is unique, in that it gives all motorists a qualified
right to consult with a DWI lawyer before deciding whether to take or
refuse the chemical test. (It is "qualified" because those arrested
have a right to call and obtain advice from a DWI lawyer, but the
police do not have to wait for that lawyer to show up.) New York DWI
Lawyer Ronald Meltzer knows how important your quick access to a DWI
lawyer is and he is waiting for your call. It is critical to consult
with a qualified New York DWI attorney before deciding this issue,
since taking or refusing the test is an important and complicated
decision following a drunk driving arrest.
Driving under the influence of alcohol is a crime in New York City that
creates serious consequences for people who are accused. A New York
City DWI can range from serious to complex and have various penalties
depending on your circumstances. Those with multiple DUI offenses may
face long term state prison sentences. Getting a New York City DWI
poses several life-changing consequences for those who are convicted.
If you are convicted of DWI, you will have a criminal offense on your
personal record, you may lose your driver's license , face a prison
sentence, pay outrageous fines and fees, and have your insurance
premiums increased or even cancelled . These penalties all depend on
your specific DWI case.
In New York City, the DWI laws are stricter than ever before. They have
implemented a law that allows police to seize the vehicles of accused
drunken drivers. According to the New York City Police Commissioner,
fatal accidents involving drunk drivers decreased 28 percent after the
start of the program. New York City DWI info is available to all
residents and visitors to inform them of the drinking and driving laws
and how it could affect an individual if they were to be arrested for
DWI . There are serious consequences to face, which may include jail
time. It is important to pay attention to New York City DWI info
especially if you are visiting, and plan on drinking.
Dealing with a New York City DWI on your own may not be as beneficial
as using a professional and experienced New York City DWI Attorney.