Palo Alto Resident Forgoes Miranda Rights After DUI (CA vehicle Code 23152)

Palo Alto Resident Forgoes Miranda Rights After DUI (CA vehicle Code 23152)

Rabin Nabizadeh
August 13, 2013

If you’ve ever watched a television crime drama, then you know that there are certain rights that individuals have as citizens of the United States (5th Amendment to the United States Constitution).  One of these rights comes into play when you are arrested on suspicion of a crime, the right to remain silent in order to prevent from incriminating yourself.

However, an unidentified man (48 years old) arrested on suspicion of DUI in Redwood City recently ended up leading police to the discovery of the body of a woman in his shared East Palo Alto home.  Evidently, the man was speaking to police approximately 7 hours after his arrest and “spontaneously” told the police about the body during questioning.  Although the unidentified man has not been booked on murder charges, police have already deemed the woman’s death a homicide.

This could be a case of someone who did not properly understand his right to avoid self-incrimination.  In the landmark 1966 case, Miranda v. Arizona, the Supreme Court of the United States determined that any U.S. police officer or law enforcement agent must warn suspects before they are interrogated that any statements they make may be used as evidence against them in future proceedings.  If a person is properly “Mirandized,” including being informed of their right to consult with an attorney before and/or during police questioning, then whatever information they reveal becomes fair game if they choose to ignore this warning.

Unfortunately, this unnamed man was either not properly read his rights or made the decision to forego them.  In any case, this is a good example of what not to do when you are placed under police custody.  The smarter option is to seek the counsel of a good attorney who can prevent you from making dire mistakes that may come back to haunt you in a future trial or hearing. 

 

latest news

April 7, 2022
What Can I Expect After Being Arrested for a DUI in California?
A DUI charge is a severe criminal offense in California. DUI arrests take away a massive part of your driving privilege and could tarnish your reputation. Prior DUI convictions can inflict further damage to your career opportunities, driving rights, and immigration status. This blog will go over what you must expect when facing DUI charges. [...]
April 7, 2022
How Long Does a DUI Stay on Your Record in California?
DUI cases may stay on your criminal record forever. The United States sees DUI as a serious traffic crime punishable with grave penalties. Fighting your way through a DUI case is a challenging task. But, it doesn't mean you can't do anything about it. There are legal options available for you, depending on the nature [...]
April 6, 2022
Arrested for DUI in California: Am I Going to Lose My Job?
You've been charged with a DUI and have no idea what to do next. A lot of worries may run through your mind, including the fear of losing your job. Many aspects of a DUI charge can be overwhelming to a person, even to those familiar with California Law. In this blog, we will discuss [...]