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