Miranda Warning

Chief Justice Earl Warren wrote the Miranda warning, which criminal suspects have been read since the U.S. Supreme Court mandated it in 1966. Above: Justice Warren led the Supreme Court from 1953 to 1969.

If you have ever watched a crime drama on television, you have probably seen the officer advise the suspect of his or her Miranda Rights. This warning is read after an arrest has been made and before police questioning is conducted.

The Miranda Warning says:

"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 cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak with me?"

What does this mean?

·       You have the right to remain silent.

·       If you do say anything, what you say can be used against you in a court of law.

·       You have the right to consult with a lawyer and have that lawyer present during any questioning.

·       If you cannot afford a lawyer, one will be appointed for you if you so desire.

·       If you choose to talk to the police officer, you have the right to stop the interview at any time. (This part of the warning is usually omitted from the screenplay.)

Many people believe that if they are arrested and not "read their rights," they can escape punishment. Not true. Generally, if the police fail to read a suspect his or her Miranda rights, the prosecutor can't use anything the suspect says as evidence against the suspect at trial.  There are some exceptions to this protection, which is why your best bet is to remain SILENT when questioned by police.

Consequences of Failure to Provide Miranda Warning:

Without a Miranda warning, nothing a person says in response to a custodial questioning can be used as evidence against the person at his or her trial. In addition, under the "fruit of the poisonous tree" rule, if the police find evidence as a result of an interrogation that violates the Miranda rule, that evidence is also inadmissible at trial.

Example:

If a suspect tells the police where a weapon is hidden and it turns out that the suspect provided this information in response to improper questioning, the police will not be able to use the weapon as evidence -- unless the police can prove that they would have found the weapon without the suspect's statements.

Bottom Line:  Even though you have some protections under Miranda:  You should never speak to the police without an attorney present!!!

Do I Need a Lawyer When I'm Charged With a Crime?

 

Do I need a lawyer when charged with a crime?  The answer is “YES, YES, and YES!!”  Never walk into a courtroom alone!!  Being charged with a crime can be a terrifying and overwhelming experience that can change the course of your life forever.  Before you even have a chance to understand what’s happening, you could be forced to make critical decisions in a situation that you may know nothing about. Making the wrong decision during your case can have very serious implications that will follow you for the rest of your life. The severity of your circumstances can be determined only with the aid of an experienced criminal defense lawyer, and only after he or she is familiar with the facts of your case, and learns about you and your life.

Remember that under the law you are to be considered innocent throughout all the stages of your case.  Whether the matter is still under investigation, or you are facing arraignment, or your case has been set for trial, you need an experienced, aggressive, and determined defense lawyer.  You need a lawyer who has no one’s back but yours; someone who will stand by your side to protect your innocence, to ensure that you are treated fairly, and to see to it that that your rights are protected.

When and How to Invoke Your Right to Silence

 

 

You have the right to remain silent…USE IT!

 

You decided to leave your house for a late night drive, the next thing you know, you look in the rearview mirror and you see flashing police lights. The officer walks up to you're vehicle, takes one look and tells you to step out of the car, your placed in handcuffs. The officer puts you into the back of the car and drives you to the police station. The officer tells you that you match the description of someone who robbed the house in the area of which you are driving. A detective comes up and takes you to a back room of a police station, puts a recorder on the table and says “Let’s hear your side of the story.” 

What do you do now?

Your freedom, your reputation, and your life depend on what you say in this moment.

 The next words out of your mouth should be “I wish to speak to my attorney.”

The right to silence is designed to protect the innocent. The police can and will stretch the truth and make promises to you that are not true.  For instance, they say you can get a lower bail amount if you co-operate. They may say your best friend is in the next room singing like a canary. They may even threaten your life. It is their job to get as much information out of you as possible.  Don’t give in to their pressure and please exercise your right to remain silent!

You should always exercise your right to silence until you have obtained proper legal advice, even if you believe you are guilty and especially if you believe you are not guilty.