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Ask TexCrimLawyer, J.D. Your Own Question
TexCrimLawyer, J.D.
TexCrimLawyer, J.D., Lawyer
Category: Criminal Law
Satisfied Customers: 4816
Experience:  Experienced in state and federal criminal litigation.
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my husband was arrested for wreckless driving wich later turned

Customer Question

my husband was arrested for wreckless driving wich later turned into a dui, however they never read him his miranda rights..the DA took 11 months to file and now we have to get the court process started. we had dropped the issue because when we went to his court date on the citation nothing was filed. what can we do now?
Submitted: 4 years ago.
Category: Criminal Law
Expert:  TexCrimLawyer, J.D. replied 4 years ago.

TexCrimLawyer, J.D. :

Good evening. I'll be assisting you with your question.

TexCrimLawyer, J.D. :

There are a few things that are important to understand.

JACUSTOMER-ne8783kt- :

ok

TexCrimLawyer, J.D. :

Contrary to television, the failure of the police to read a suspect their Miranda rights does not invalidate the arrest or the charge. A person only must be Mirandized before they are questioned by police. So, unless he gave incriminating statements after his arrest, the fact that he wasn't Mirandized really doesn't matter.

JACUSTOMER-ne8783kt- :

oh i see thank you

TexCrimLawyer, J.D. :

Regarding how long it took to charge him, the statute of limitations for misdemeanors is 2 years. So, charging him 11 months later is not an problem.

TexCrimLawyer, J.D. :

The best thing you can do not is to hire an experienced DUI lawyer.

TexCrimLawyer, J.D. :

Also, I find that it helps when it comes time for sentencing if the person enrolls in AA classes on their own. It shows the judge that the person is serious about changing bad habits.

TexCrimLawyer, J.D. :

Do you have any questions?