Talk to a DUI lawyer right now!


DWI Right To An Attorney New Rochelle New York NY

August 22, 2008 by author · Leave a Comment
Filed under: Cheap DWI Lawyer NYC, New York DWI attorney 

Reader’s Question:

My cousin was arrested for DWI in New Rochelle, New York and he wasn’t able to contact an attorney until he was already at the police station. Question is, when does a person who is arrested for DWI have an absolute right to an attorney?

Edwin

New Rochelle, NY

If the police officers in New Rochelle, New York are going to interrogate a person or ask questions about the DWI arrest, he/she has an absolute right to an attorney. A person does not have a right to a lawyer to decide whether or not to take a breath or blood test. Every individual has an absolute right to an attorney at their criminal trial.

Anyone who is in custody of a police officer where it can be viewed that the person is under arrest, even if he/she was not told “your under arrest,” is absolutely entitled to be informed of their rights if the officer is going to ask him/her questions. These rights include the right to remain silent, the right to a New York DWI lawyer prior to and during any questioning, the right to a free lawyer if the person cannot afford one and the right to terminate interrogation at any time. But if an officer violates these rights, it does not necessarily mean that they DWI will be dismissed. Rather, any incriminating statements that we obtained illegally would be prevented from being admitted against the person in the criminal court trial of the DWI case.

Tags: , , ,

Share and Enjoy:
  • Print
  • Digg
  • Sphinn
  • del.icio.us
  • Facebook
  • Mixx
  • Google Bookmarks
  • Blogplay

Tags:

Comments are closed.