Arrest

October 3, 2018

What Are Miranda Rights and How Do They Apply in Arizona DUI Cases?

The Sixth Amendment to the United States Constitution provides that those who are charged with criminal offenses have the right to counsel at all critical stages of a legal proceeding. Relatedly, the Fifth Amendment provides that no person can be compelled to be a witness against themselves in a criminal trial.

Thus, in the 1966 case, Miranda v. Arizona, the United States Supreme Court held that police must provide certain rights at the time of arrest. Primarily, officers are required to inform arrestees that they have the right to remain silent, that anything they say can be used against them, and that they are entitled to an attorney, even if they cannot afford one.

Miranda rights must be read to someone any time they are subject to “custodial interrogation.” While the term is subject to varying interpretations, to establish custodial interrogation, a defendant must show that they were in custody and that police made some statement that would be expected to elicit a response. If police officers do not provide Miranda warnings at the time of arrest, any statements that are made by the arrestee cannot be used in a criminal trial against them.

September 12, 2018

Arizona Court Condones Officer’s Arrest of Defendant, Despite Potentially Innocent Explanation for Signs of Intoxication

by James E. Novak, P.L.L.C.

Late last month, a state appellate court issued a written opinion in an Arizona DUI case in which the court had to determine if the officer’s arrest of the defendant was supported by probable cause. The case gave the court the opportunity to discuss probable cause in the DUI context, and what the prosecution must show to establish that probable cause existed to arrest someone for DUI.

The Facts of the Case

Two men were taking their two-year-old cousin to the pharmacy by car. The driver parked the car, and each man grabbed one of the young child’s hands as they walked across the parking lot toward the entrance to the pharmacy. As they were walking, however, the young child broke free from the men and was struck by the defendant’s truck.

Police officers responded to the scene and immediately learned that the child had died from the collision. One officer approached the defendant, who was huddled over and clearly distraught. As the officer bent down to talk to the defendant, he claimed that the defendant had a “strong, pungent” odor of alcohol coming from her breath. When asked, the defendant responded that she had consumed two cans of beer earlier that day. The officer also noticed that the defendant’s eyes were watery and her face was flushed. However, the officer acknowledged that the defendant’s appearance may have been due to her distraught state and was not clearly evidence of intoxication. The officer then arrested the defendant.

April 15, 2016

What Happens During a DUI Arrest?

by James E. Novak, P.L.L.C.

The people of Phoenix count on The Law Office of James Novak. Our team is committed to strong legal counsel and criminal defense, which includes educating clients on their rights during their arrest and booking.

By knowing the DUI case stages, clients can empower themselves when their rights are violated. With that in mind, let's explore the arrest phase of DUI cases and what these involve.

The Traffic Stop: It Starts with Probable Cause