He may have used a weapon of mass destruction, as charged. But he still has these constitutional rights: the right to remain silent, the privilege against self-incrimination, the right to an attorney, the right to confront and cross-examine witnesses, the right to subpoena witnesses, the right to a speedy jury trial, and the right to be proven guilty beyond a reasonable doubt, emphasize California DUI attorneys including Rick Mueller of the San Diego County DUI Law Center.
The Attorney General previously said he would question Tsarnaev without first giving him his Miranda rights. Did that happen? We presently don't no. We hope not. The Attorney General, of all people, cannot ignore the existence of fundamental rights, say criminal defense attorneys.
Was he questioned without a lawyer? That is another great question. Criminal defense lawyers hope the answer is no.
In California DUI cases, a cop can ask a DUI suspect questions without first advising him or her of his or her Miranda rights. But that's different. That's because the drunk driving cop did not yet arrest the suspect for a California DUI charge. See this San Diego County DUI Law Center article for how Miranda rights work in California DUI cases.
Contrast: The Los Angeles Times outlines the current Boston bomb situation here.