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My friend was set-up for an ounce of marijuana and they also found an additional ounce in his car. The police tried to question him and instantly tried to have him snitch on who he was getting the product from before he was read his Miranda rights. On the way to booking, the officer was going 90 mph in 45 speed limit zone. My question is, is there anyway he can get around the fact that he was interrogated before he was read his rights and if it is legal for the officer to speed to jail, endangering the offender? He has a prior record of a DUI for marijuana. What is his best bet on getting the minimum sentence and are there any loopholes? Should he speak to a criminal defense attorney about this? In Reno, NV?
Asked on September 4, 2010 under Criminal Law, Nevada
Answered 14 years ago | Contributor
Miranda warnings or also called Miranda rights are constitutional rights to be given a person that is in police custody or in what is known as a custodial situation - like an interrogation. The states have been permitted to vary the exact statements that are given a suspect but we all know the basics: you have the right to remain silent; anything you say can and will be used against you in a court of law; you have the right to an attorney; if you can not afford an attorney one will be appointed on your behalf. Even with these rights police are given great leeway in questioning a suspect BUT their tactics are also subject to great scrutiny by the court. You seem to imply that they were trying to scare the info out of him with the speed ride. Could be. But he really should speak with a criminal attorney on the matter to see how best to proceed in this situation and what the outcome may be. Good luck.
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