| Have you ever stopped to consider what you | | | | speaking with you in all situations. Miranda warnings |
| would do if you were suddenly faced with the | | | | are only required when the police have you in a |
| prospect of getting arrested and asked to speak | | | | "custodial" situation, i.e., when you are not free to |
| with the police? Unfortunately, life is not | | | | leave. Therefore, there are many situations |
| predictable, and some of us may find ourselves in | | | | where the police can contact you and speak to |
| compromising positions where the police will | | | | you without having to give you the Miranda rights. |
| attempt to speak with us. This article will provide | | | | For example, police officers frequently make |
| you with useful information in the event the | | | | telephone calls to people suspected of crimes and |
| "unimaginable" happens and you are accused of | | | | obtain voluntary statements without having to |
| committing a crime. Have you ever stopped to | | | | give Miranda warnings. Incidentally, these phone |
| consider what you would do if you were suddenly | | | | conversations are usually secretly tape recorded, |
| faced with the prospect of getting arrested and | | | | which the police are authorized to do! Also, |
| being asked by the police to speak to them? | | | | officers frequently ask people to drop by the |
| Most of my law abiding clients never consider | | | | station to give a statement, or they drop by your |
| such circumstances since they do not foresee the | | | | house to talk to you. So long as the Court finds |
| possibility of ever having problems with the law. | | | | you were "free to leave," the police are not |
| Unfortunately, life is not predictable, and some of | | | | required to "Mirandize" you before speaking to |
| us may find ourselves in compromising positions | | | | you. |
| where the police will attempt to speak with us. | | | | SPEAKING TO THEM CAN RUIN A GOOD |
| In this article I will provide you with useful | | | | DEFENSE: |
| information in the event the "unimaginable" | | | | Experienced defense attorneys know the value of |
| happens and you are accused of committing a | | | | going to trial when their client's have not spoken, |
| crime. As you will read, there are several reasons | | | | since the government's case may not be very |
| why it may be in your best interests not to | | | | strong. When the accused has not provided the |
| speak with the police until you have first spoken | | | | police with a statement, his or her attorney has |
| with an attorney. | | | | the opportunity to analyze the government's case |
| THEIR CASE MAY NOT BE MADE WITHOUT | | | | before making a opening and closing statements |
| YOUR STATEMENT: | | | | or deciding if a particular witness should testify. |
| First of all, the police may not be able to make a | | | | Conversely, when you speak to the police you will |
| case against you without your statement. It is a | | | | probably eliminate most of the defenses your |
| little known fact that obtaining a confession or | | | | attorney can employ on your behalf. |
| incriminating statements from the accused is the | | | | IF THEIR MOTIVES ARE INNOCENT, THEY CAN |
| number one tool law enforcement officers rely on | | | | WAIT: |
| in making their case. Approximately 70 percent of | | | | Assume that the police want to speak with you |
| all criminal cases filed by the District Attorney's | | | | as a "witness." The police tell you they do not |
| office have sufficient evidence for filings, only | | | | consider you as a suspect and they believe you |
| because the accused made a statement to the | | | | possess information that may be helpful in their |
| police. Consequently, police officers are specially | | | | investigation. Before speaking to them, you may |
| trained to illicit statements from people accused | | | | want to ask yourself, "what's the hurry?" In most |
| of crimes. They are sent to special schools where | | | | circumstances, the police can wait long enough for |
| they receive training on how to use psychology | | | | you to consult with an attorney, since they are |
| and to employ tricks to get people to speak. And | | | | contacting you after the incident and there is no |
| in case you didn't know, it is perfectly within the | | | | emergency that requires your statement. |
| law for police officers to use trickery or to tell lies | | | | Furthermore, if the motives of the police are as |
| in order to obtain a statement. | | | | innocent as they sound, the police should be willing |
| LAW ENFORCEMENT ALWAYS WINS: | | | | to wait until you have consulted with an attorney. |
| When you are accused of a crime, giving your | | | | IT IS YOUR CONSTITUTIONAL RIGHT NOT TO |
| "side of the story" to the police is usually the | | | | TALK: |
| wrong thing to do. As the popular former | | | | Many people who are aware of their rights not to |
| prosecutor and noted author - Vincent Bugliosi | | | | speak to the police, waive their Constitutional |
| once wrote, getting a statement from the | | | | rights, because they are afraid of looking guilty. |
| accused almost always favors the prosecution. | | | | Believe it or not, many Police officers and |
| Once the government has your version of the | | | | Prosecutors accused of crimes (and who should |
| incident, you are pinned down as to certain facts, | | | | know their rights better than the rest of us) |
| and the government will spend countless hours | | | | frequently waive their rights, and end up ruining |
| tearing your story apart. Prosecutors are taught | | | | the defenses they may have had. |
| to use defendant's statements in trial, even when | | | | When you find yourself in need, do not hesitate in |
| they are self serving, since the statements are | | | | exercising your Constitutional rights. Remember, |
| usually more helpful to the government's case | | | | exercising your Constitutional rights can never be |
| than harmful. Thus, as the Miranda warnings state, | | | | used against you in a criminal case. Thus, if you |
| "your statement can and will be used against you. | | | | find yourself in a situation where you don't want |
| "MIRANDA WARNINGS ARE NOT ALWAYS | | | | to speak to the police, just tell the police, "I'd like |
| REQUIRED: | | | | to speak with you, but first I will need to speak |
| Contrary to popular belief, the police are not | | | | with my attorney to ensure my rights are |
| required to give you the Miranda warnings prior to | | | | protected. |