When to Use a Miranda Violation 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, its 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. 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. The person can assert the Miranda defense to prevent 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. As a criminal defense attorney, it is very frustrating to see the police lying about what my client said and what tactics they used to get them to talk.
The bottom line is that a person has a right to remain silent when the police question them, and they should use it! I will break this rule if you and your attorney decide it is in your best interest to speak to the police after talking to your attorney.
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 the Police Have to Read Your Miranda Rights?
Surprisingly law enforcement does not ever have to read you your Miranda rights. However, if you are in custody and ask you questions that could cause you to incriminate yourself and not read you your Miranda rights, 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 message, and if there is no video or audio, it is tough 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, straightforward manner.