Successfully navigating each step you take within the process of being arrested can be very overwhelming and daunting at best. In this article, we will unpack facts surrounding Miranda Rights and the Breathalyzer Test. Due to the nature of each individual facing circumstances unique unto them, it will be in your best interest to please be sure to contact Gage Gandy for detailed information regarding your specific circumstances. Let’s look at what it will take for an average situation and if you could negotiate a reduced bail bond amount.
What exactly are Miranda Rights?
By definition, Miranda Rights (also known as Miranda Warning), is a right to silence warning given by police in the United States to criminal suspects in police custody. This also applies to those criminal suspects who are being held in a custodial interrogation. They have a right to silence before they are interrogated to preserve the admissibility of their statements against them in criminal proceedings. Simply states, an individual who is arrested on suspicion of criminal behavior has a legal right to not speak to the police about any of their behavior, knowledge, or understanding without legal representation physically present with them at the time of being questioned.
How do Miranda Rights help me?
Because of your Fifth Amendment rights to not incriminate yourself, Miranda Rights is part of a preventive criminal procedure rule that law enforcement are required to administer to protect you while in custody, and subject to direct questions or its functional equivalent, from violating those rights by what you say or imply. If you are held in police custody, and information is gained by you without you having been read your Miranda Rights, everything you say can be acted upon by the police or investigators without being held against you in a criminal trial. Any words, actions, evidence from your person, or information.
What is a Breathalyzer Test?
By definition, a Breathalyzer Test is a device used to estimate your blood alcohol content (BAC) from a breath sample. They are not able to directly measure your blood alcohol content or concentration, as this specifically requires a blood sample. However, a Breathalyzer Test is capable of measuring the amount of alcohol in your breath at the time of your submission to take the test. Generally speaking, police officers use the Breathalyzer Test in the field to detect sobriety in cases where they have detained a potential drunk driver. While the consistency in accuracy with the Breathalyzer is not highly successful, what is remains in the ability to detect the severity of impairment to the point of requiring a blood sample for confirmation in may instances.
Negotiations for posting bail can be very taxing, create a lot of stress on top of an already highly stressful situation, as well as strain relationships within your circle of friends and family. While you, or your loved one, may not be the first to face an arrest and seeking out bail you certainly will not be the last. However, it is important to note that each individual case is as unique as the person walking the process of posting Bail. It is for this reason that it is in your best interest to retain the services of a professional and experienced bail bondsman who is capable of not only helping you to understand the process of bail, but also which steps to take that are in your best possible interest, and for your specific case. They will have not only the best experience in these situations, but also unlimited resources to assist in gaining you the best possible outcome. Your bail bondsman will be your greatest asset in negotiations, and they are on your side. At Gage Gandy, we are here to help make this process as simple, and fair, as possible.