The Police Didn’t Read Me My Rights!

They didn’t read me my rights! Shouldn’t my case be thrown out?

The above questions are ones California defense lawyers hear rather frequently during initial interviews with new clients. The short answer is: It depends.

As a result of a Supreme Court case entitled Ernesto Miranda v. Arizona, law enforcement officers are required to give the following warning and waiver prior to custodial interrogation. And judges have repeatedly ruled that the warning doesn’t have to use this exact language, it just has to be relatively close:

1. You have the right to remain silent.

2. Anything you say can and will be used against you in a court of law.

3. You have the right to talk to a lawyer and have him present with you while you are being questioned.

4. If you cannot afford to hire a lawyer, one will be appointed to represent you before any questioning if you wish.

5. You can decide at any time to exercise these rights and not answer any questions or make any statements.

Do you understand each of these rights I have explained to you? Having these rights in mind, do you wish to talk to us now?

So what is custodial interrogation and when do my rights have to be read? Custodial interrogation takes place when the police ask you questions and you are not free to leave. In short, when you have been arrested or detained, and do not have the option of walking away or driving off.

In many situations, policemen do not read a suspect his rights because he freely volunteers a full or partial confession. It is certainly not uncommon for a person dealing with law enforcement to spontaneously tell investigating officers that he got angry and struck his wife, the pills in the glove compartment are his, or that he knew the female to whom he was sending pictures was in the 9th Grade. Police love talkers, and will commonly allow people who are desperately trying to justify or explain things to keep yapping away and serving up evidence against themselves.

On other occasions, the police do not need to obtain verbal statements from you because the evidence of a crime is available elsewhere — Witnesses, video tape, text or phone messages, things you have posted on Facebook or Twitter, damaged property, blood, etc. etc.

However, some statements given by a defendant without a warning do get thrown out in court. Rights against self-incrimination are taken seriously, and judges look at the following factors to see if a person was actually “in custody” when he made statements without having been given a Miranda warning:

1. Was the defendant encountering the police voluntarily? Did he know or have reason to believe he was free to leave?

2. Did the defendant have unrestricted freedom of movement in the location where he was being questioned?

3. Did the suspect initiate the contact with law enforcement or voluntarily appear for questioning?

4. Did the police use “strong arm” (coercive) tactics or attempt to trick the suspect into giving up his Miranda rights?

5. Was the atmosphere present at the questioning police dominated?

6. After the suspect made the statements, was he placed under arrest?

If you believe you believe you are in a situation where you may have been improperly questioned, you should certainly contact a private attorney. The prosecutors and judges, regardless of how helpful or friendly they may have seemed at your first appearance in court, are not there to help you. An experienced private attorney is familiar with the “tricks” the local cops commonly like to pull, and more significantly, is there to assist your defense. The police certainly aren’t, and neither are the DA’s or judges, because that simply isn’t their job. Be smart. Call a professional whose reputation and ability to earn a living depends upon getting his clients out of trouble.

The Law Offices Of Vincent W Davis And Associates
https://www.vincetwdavis.com

Comments are closed.

Contact The Law Office Of Vincent W. Davis

First
Last
Email

Experienced Law Firm

Office Locations Where Can We Meet You?

Arcadia Office
150 N. Santa Anita Ave,
Suite 200
Arcadia, CA 91006
Phone: (626) 446-6442 Fax: (626)-446-6454
Get Directions
Beverly Hills Office
*Virtual Office
9465 Wilshire Blvd.
Suite 300
Beverly Hills, CA 90212
Phone: (310)-880-5733 Get Directions
La Mirada Office
*Virtual Office
Cerritos Towne Center
17777 Center Court Drive ,
Suite 600
Cerritos, California, 90703
Phone: 888-888-6542 Get Directions
Los Angeles Office
*Virtual Office
Gas Comdivany Tower
555 West Fifth Street,
31st Floor
Los Angeles, California, 90013
Phone: (213)-400-4132 Get Directions
Long Beach Office
*Virtual Office
Landmark Square
111 West Ocean Blvd.,
Suite 400
Long beach, California, 90802
Get Directions
Irvine Office
*Virtual Office
Oracle Tower
17901 Von Karman Avenue,
Suite 600
Irvine, California, 92614
Phone: (949)-203-3971 Fax: (949)-203-3972 Get Directions
Ontario Office
*Virtual Office
Lakeshore Center
3281 E. Guasti Road,
7th Floor
City of Ontario, California, 91761
Phone: (909)-996-5644 Get Directions
Riverside Office
*Virtual Office
Turner Riverwalk
11801 divierce Street,
Suite 200
Riverside, California, 92505
Phone: (909)-996-5644 Get Directions
San Diego
*Virtual Office
Emerald divlaza
402 West Broadway,
Suite #400
San Diego, California, 92101
Phone: (619)-885-2070 Get Directions
Aliso Viejo
*Virtual Office
Ladera Cordivorate Terrace
999 Cordivorate Drive,
Suite 100
Ladera Ranch, California, 92694
Phone: (714) 721-3822 Get Directions