Miranda Warning. Don't talk to the police!!!
Posted By Brian Andritch on May 29, 2011 3:41pm PDT
"You have the right to remain silent. Anything you say or do can and will be held against you in the court of law. You have the right to speak to an attorney. If you cannot afford an attorney, one will be appointed for you. Do you understand these rights as they have been read to you?" These are your Miranda Rights.
Miranda v. Arizona 384 U.S. 436 (1966), was a landmark 5-4 decision of the United States Supreme Court. The Court held that both inculpatory and exculpatory statements made in response to interrogation by a defendant in police custody will be admissible at trial only if the prosecution can show that the defendant was informed of the right to consult with an attorney before and during questioning and of the right against self-incrimination prior to questioning by police, and that the defendant not only understood these rights, but voluntarily waived them.
If you are ever advised of your Miranda Rights it means you are under arrest. The police believe you have committed crime and they want to talk to you about it, you are under investigation. You have a big decision to make. Should you talk? It almost never helps your cause to talk to the police in this situation. You are already under arrest because the police believe they have enough evidence already to constitute probable cause. You are not going to talk yourself out of it at this point. Ask for an attorney. The only thing you are going to accomplish by speaking to the police at this point is lock yourself into a story and give the police even more evidence. They really mean it when they tell you that anything you say will be used against you. It is time to shut up!
I am always amazed how egger most people are to talk with the police. Even "hard core criminals" who have repeatedly been through the criminal justice system talk with the police. Why? The Miranda Warning could not be clearer. They are going to use what you say against you!
I understand that no one wants to go to jail, but that has already going to jail and you are not going to change the police's mind regardless what they tell you. In fact, the police are allowed to lie to you during interrogations. "If you are straight with me now I will put a good word in with the District Attorney for you, B.S.! I was a Deputy District Attorney for seven years and the police never put in a good word for someone because they cooperated. The only thing talking did was make my job easier.
The best odds you have of getting out of this pickle is by keeping your mouth shut. The only way many cases are successfully prosecuted is because the defendant talked to the police. This is absolutely the most important advice any criminal defense attorney will give. If the police want to talk to you, don't and ask for an attorney.