No Miranda Rights Read

YOUR RIGHTS

Many people believe that if they are arrested and not read “their rights” they can escape punishment or have their case dismissed. This is not true. But if the police fail to read a suspect his/her Miranda Rights, the prosecutor cannot use anything the suspect says as evidence against him/her at trial.

WHEN IS MIRANDA REQUIRED?

Miranda warnings are not required to be given whenever an individual is questioned by the police. They are only required when a person is questioned and is considered to be in custody (deprived of his/her freedom of action in any significant way). If a person is not in police custody, no Miranda Warnings are required and anything that person says can be used against them at trial if that person is later charged with a crime. This usually occurs most often when the police stop someone on the street to question him/her about a recent crime and that person blurts out a confession before the police have an opportunity to deliver the warning.

Examples of when a person is considered in custody occurs under the following circumstances:

1. When confined to jail.
2. When at the police station (involuntarily).
3. When at the scene of a crime if handcuffed.
4. When on the streets surrounded by police and prohibited from leaving.

RESPONDING TO POLICE QUESTIONING BEFORE ARREST

The question often arises as to whether a person has to respond to police questioning if he/she has not been arrested. Generally the answer is no. A police officer generally cannot arrest a person simply for failure to respond to questions.

THE RIGHT TO SILENCE

The Fifth Amendment to the U.S. Constitution guarantees the “right to silence”. This means that unless a police officer has “probably cause” to make an arrest or a “reasonable suspicion” to conduct a stop and frisk, a person approached by a police officer has the legal right to refuse to answer questions. If you have reason to believe that you are a potential suspect, you should decline to answer questions, and insist on speaking with an experienced criminal attorney. CONTACT MY OFFICE immediately.

EXCEPTIONS TO THE “RIGHT TO REMAIN SILENT”

LOITERING
The “right to silence” rule may not hold true if a police officer suspects a person of loitering. Loitering laws usually refer to persons who are present in certain facilities such as school grounds or transportation facilities with no legitimate reason for their presence. Under these laws, if a police officer sees a person loitering, the officer can demand identification and an explanation of the person’s activities. If the person fails to comply, a police officer can arrest that person for loitering.

TRAFFIC STOPS
Another situation where answers to police questions are usually required is when drivers are stopped for suspected traffic violations. An officer has the right under such circumstances to demand personal identification – usually a driver’s license and vehicle registration. A driver’s refusal to supply this information elevates the situation to a more serious offense for which the driver usually can be arrested. Thus a simple refusal to answer questions is not a crime, but the refusal to supply identification, combined with a suspected commission of a traffic offense

POST – ARREST QUESTIONING

The almost universal advice of defense attorneys is to keep one’s mouth tightly shut when being questioned after an arrest, at least until after you consult an attorney. You may think that providing the police with an explanation or a defense to their suspicions are helping yourself, but in reality you are not. If the police have probable cause to arrest, they are going to do so regardless of what explanation you offer.

If you are arrested or contacted by the police or feel you are suspected of a crime, my best advice is to contact my office for a FREE consultation before it is too late.