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