How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Marsha411JD Your Own Question

Marsha411JD
Marsha411JD, Lawyer
Category: Criminal Law
Satisfied Customers: 17012
Experience:  Licensed attorney with 28 yrs. exp. in criminal law
Type Your Criminal Law Question Here...
Marsha411JD is online now
A new question is answered every 9 seconds

I was arrested for a DWI on November 8th at 12:07 am 2010.

Resolved Question:

I was arrested for a DWI on November 8th at 12:07 am 2010. When I went to trail on the District court level the DA made a motion to amend the charging document to November 7th at 11:37 pm 2010. I was found sitting behind the wheel of a vehicle with no gas on the side of the road and 11:37 pm was the time the state trooper pulled behind me and turned on his blue light, so the DA is charging me at the time I was seen in the vehicle. So in effect by amending the charge time I am now charged with a crime prior to the officer obtaining anything from me that a crime had occurred. My question is this. Since I am being charged at 11:37 pm does the 6th amendment (right to an attorney) attach at that time and they would have needed a 6th amendment waiver that I was waiving my right to an attorney? ( I know this is a little different from Miranda). I was not read my Miranda rights until I was arrested at 12:07 pm and I did not waive them. It seems from my research that when a formal charge (now charged at 11:37pm on November 7th) is made against someone than the government official must abide by the 6 amendment prior to questioning the individual charged. Also, do you have any idea why the DA would amend the charge in the first place. Is it because the investigation started the day prior?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Marsha411JD replied 1 year ago.
Hello,

Thank you for the information and your question. There is no 6th Amendment right to an attorney or to remain silent until a suspect has been arrested. Merely being a suspect is not enough in the civilian setting (different rules for military cases.) So, until the arrest was made, you would not have had a right to be advised of your Miranda Rights, which do include both the right to an attorney and the right to remain silent.

All that said, unless you are going to be questioned after you are arrested, there is no requirements that your right to remain silent be given to you via Miranda Rights. It is a standard procedure, but there is no law that says that absent questioning Miranda warnings must be given. The only consequence of not giving Miranda Rights and/or right to remain silent and to ask for an attorney, is that any incriminating statement made by the arrestee cannot be used against them at trial.

As for the correction of the date and time, they just likely reviewed the evidence and saw that the amended time more correctly reflects when you were discovered in your vehicle, which is the correct time to use and not the time you were arrested. That is necessary, as that is the time that is used for purposes of the speedy trial rules and also the statute of limitations. So, it works better for you since it pushes the time back and theoretically puts more pressure on the State to file charges and get you tried.

Please let me know if you need any clarification. I would be glad to assist you further if I can.
Marsha411JD, Lawyer
Category: Criminal Law
Satisfied Customers: 17012
Experience: Licensed attorney with 28 yrs. exp. in criminal law
Marsha411JD and 9 other Criminal Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
< Last | Next >
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RE/retiredlawyer/2012-6-6_19326_franL.64x64.jpg Fran L.'s Avatar

    Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2079
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/NA/nathanmoorelaw/2011-5-31_21375_headshotbig.64x64.jpg Nate's Avatar

    Nate

    Lawyer

    Satisfied Customers:

    1625
    Over 10 years of criminal defense practice.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Lawyer

    Satisfied Customers:

    1434
    30 years legal experience
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    1418
    16 yrs. of experience including criminal law.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    1380
    Licensed attorney with 27 yrs. exp. in criminal law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Lawyer

    Satisfied Customers:

    1300
    Experienced in multiple areas of the law.