Legal Question in Criminal Law in Michigan

Re: Miranda rights in Michigan

I don't think that this is an issue that affects your guilt, or your sentence. DWLS charges are pretty easy to prove, and prosecutors (like myself) rarely need 'confessions' to make our case. If the cop or another witness saw you driving, and your driving record shows that you were suspended at the time, you're guilty.

Miranda Rights are ingrained in our heads. We hear them on TV and in movies every day, so people think that police MUST "read people their rights" in all circumstances. That is not true.

"Miranda Rights" need only be told to suspects when (a) they are in police 'custody', and (b) police question/interrogate the suspect about possible criminal conduct.

If you are in custody and they interrogate you and you have been properly informed of these rights, then any incriminating statements can be used in court. If the rights should have been read, but were not, then the People cannot introduce your statement in their evidence to prove your guilt. Likewise, if you are not in police 'custody' when you are questioned, then Miranda protections do not kick in, and your statements will not be thrown out because Miranda rights were not read.

This last scenerio applies in many traffic stops. Most times, you are not "in custody" in a traffic stop ... until you are formally arrested. If you're in your car and the office quesitons you through your window, Miranda protections do not apply. (There are several Court of Appeals decisions affirming this.)

In your case, your words at the scene should be admissible, but your words at the police station might be thrown out because you were in custody.

The only down-side to the People's case against you, if you were not properly informed of your Miranda Rights, is that any incriminating statement you made pursuant to police quesitoning while in police custody, could be ruled inadmissible. But, unless the ONLY means of proving that "YOU done it" is your confession, then the charge would not be dismissed even if the confession is thrown out.

Have you talked to your attorney about this? You already pled guilty to the DWLS charge!! By doing that, you waived any legal challenges to the case (police conduct re: the traffic stop, your confession, etc.). I seriously doubt that the sentencing judge will change your sentence because you were not read your Miranda Rights. The real sentencing issue is YOUR conduct (driving when you shouldn't have), not the cop's.