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Rights During Arrest 
 


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Rights & Rules During Arrest
Miranda Rights, Right To a Lawyer


Index:

Do not Speak With Police
Miranda Warnings
Police Tell Lies


DO NOT SPEAK WITH POLICE!

It is important to remember that law enforcement officers are trained to investigate crimes. If you are questioned as a suspect, the law enforcement officer is seeking information and/or leads with which he can find sufficient evidence to convict you. Often, in this search for evidence, rules are bent and statements are taken out of context in order to enhance the probability of a conviction.. Law enforcement officers are, among other things, professional witnesses. This places anyone questioned at a great disadvantage since any discrepancies between an officer's testimony and an ordinary citizen will largely be construed to favor the officer.

Often law enforcement officers will make statements such as "I just want to get your side or the story..." or "it will go easier on you if you cooperate." The fact of the matter is that the officer is in search of evidence and if he/she had enough to arrest or charge you, he/she would have already done so. Moreover, a law enforcement officer has no authority or ability to cut deals so that it "will go easier on you." Only a prosecuting attorney has that power. You can still be cooperative. However, it is important to do so in a controlled setting where you have access to legal advice. Therefore, if a law enforcement officer wishes to question you about a specific crime, it is important to remain silent. Your silence cannot be used against you in court. You should also contact an attorney so that any interviews or questions may be conducted in a controlled environment with your attorney present.

MIRANDA WARNINGS

If you are arrested, you may hear the famous Miranda warning that has been drilled into us from television. Most people do not know that law enforcement officers are never required to give Miranda warnings. Moreover a failure to give Miranda Warnings will not necessarily result in the dismissal of a criminal case.

An officer is only required to provide a Miranda warning if there will be a custodial interrogation. You are "in custody" when you are no longer free to leave. Whether you are in Custody may be inferred by actions or by the words of the officer. An interrogation means that the officer must ask questions to elicit incriminating information. Information volunteered is generally not the result of an interrogation. If an officer conducts a custodial interrogation without first giving Miranda Warnings, any statements that are made in response to the interrogation may be held to be inadmissible in Court. Moreover, any evidence derived from statements taken in such a context would also be inadmissible. This is called the "fruit of the poisonous tree" meaning the later discovered evidence was derived from illegally obtained statements.

If an officer wishes to question, you do not have to answer. In fact, unless you are placed in custody, you are free to leave. Once you are placed in custody, any interrogation may only occur after Miranda warnings are read.

POLICE TELL LIES

A law enforcement officer has no duty to tell you the truth. They may lie to you. They may tell you that they have evidence implicating you in a crime. They may say they have evidence implicating another in a crime. All of these deceits are designed to manipulate you to make statements. Even statements that seem favorable to your position may be harmful. As a result, it is important to think of every single word you say as a piece of evidence that t an officer can use to build you a cell whether you are guilty of a crime or not. The less evidence that you provide, the better.

Know your Rights!

Because we take our responsibility very seriously, we are available to you 24 hours a day, 7 days a week, 365 days a year. We have rightfully earned the respect of judges, prosecutors and police officers as aggressive attorneys who are not afraid to challenge them on tough cases. As a matter of fact, in large part because of our well-deserved reputation, many other attorneys refer their criminal cases to our office.


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Any information contained on this site is general in nature. You should not rely on any articles, postings or other information on these pages as legal advice or to create an attorney-client relationship. If you are in need of legal advice concerning a particular matter, you are encouraged to contact an attorney in your state.

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