NY DWI Defense Lawyers

Were You Read Your Miranda Rights?

You've heard it before. "Anything you say can and will be used against you in a court of law." But did you hear it before you said something that is being used against you in a DWI case? If not, a skilled New York DWI defense attorney may be able to get your charges dismissed.

At Anelli Xavier, PC, our DWI defense attorneys stand up for people throughout New York State whose Miranda rights have been violated. No matter where you are charged in New York State, we confident our firm will give you the best possible outcome due to our extensive training and sole focus on DWI Defense. If the police are trying to use your words against you, contact us to discuss your options.

At What Point Were You Actually Arrested?

The police must give you the standard Miranda warnings as soon as you are arrested. If you say anything incriminating before you have been given these warnings, the legal presumption is that you were coerced into talking because you were under the officers' power.

Being arrested does not necessarily mean being cuffed and put behind bars. Once the police have taken away your right to leave the scene, you have been arrested.

For this reason, officers will sometimes "ask" you to come to the station rather than telling you that you have no choice. Whether you were really "asked" or arrested depends on the facts of the situation. In many New York DWI defense attorney cases, the police are really using coercion at this point.

Are the Prosecutors Relying on Your Statements?

If you said anything after being arrested and before being read your Miranda rights that the prosecutors are trying to use against you, the experienced New York criminal defense lawyers at our firm will do everything we can to get those statements excluded from your case.

Depending on how much other evidence there is against you, this may result in your charges being dropped, or you may be offered a better plea bargain. Contact us to discuss the details of your case with a knowledgeable DWI defense attorney.