WHEN TO USE A MIRANDA VIOLATION DEFENSE IN A CRIMINAL CASE
The Miranda case has been in existence for many years and under the right circumstances can be used to defend a criminal case. However, over the years, it’s strength has become weaker and weaker.
If a person is under arrest or a reasonable person would feel like they could not leave police custody and the police are either asking them direct questions that could incriminate them or are saying and doing things that would cause a person to incriminate themselves, then the person can assert the Miranda defense to prevent any of their statements from being used against them.
The problem with the defense is that the police and prosecutors have figured out sneaky ways to get around it and most judges have backed them all the way. As a criminal defense attorney, it is very frustrating when I can see the police lying about what my client said and what tactics they used to get them to talk.
Bottom line is that a person has a right to remain silent when the police question them and they should use it! The only time I would break this rule is if, after talking to your attorney, you and your attorney decide that it is in your best interest to talk to the police.
I am more than happy to discuss your case with you and let your know if you have a chance to keep your statements out of your criminal case.
DO POLICE ACTUALLY HAVE TO READ YOU YOUR MIRANDA RIGHTS?
Surprisingly law enforcement does not ever have to read you your Miranda rights. However, if you are in custody and they are asking your questions that could cause you to incriminate yourself and they do not read you your Miranda rights, then they will not be able to use your answers against you in a later proceeding.
Unfortunately my clients tell me that the police get statements from them all of the time and do not read them their rights. Then the police lie about how they got the statement and if there is no video or audio it is very difficult to convince the judge they are lying.
I have spent twenty five years fighting cases and arguing against my client’s statements coming in against them. My client’s own words are usually the most powerful evidence against them.
Because it is so difficult to keep these statements out, it is best not to make them in the first place. But if you did, I invite you to go over your case step by step and we can discuss the strategy that works best for you. I will give you my opinion in an honest straight forward manner.