Miranda: Exercise YOUR Right To Remain Silent

Law Offices of EJ Stopyro
Orange County Criminal Defense Lawyers
Domestic Violence Attorney in Orange County

If you EVER find yourself in the unfortunate, and extremely tense position of being questioned by the Orange County Sheriff’s Department or other Orange County law enforcement agency in an investigation for domestic violence, drugs, assault, theft or any other crime, it is almost always in your best interest NOT to answer any questions without your criminal defenseattorney in Orange County at your side. Under the landmark case of Miranda v. Arizona (1966), the United States Supreme Court held that the police must inform you of certain basic Constitutional rights before they can begin any custodial interrogation. This means that if YOU have become a suspect in a police investigation for a theft crime, drug offense, an allegation of domesticviolence, or assault and battery, the police must read you your Miranda warnings before they can question you if you are not free to leave.

The Miranda rule is alive and well in Orange County criminaldefense. That’s why it is important for every Orange County criminal defenseattorney to keep up-to-date on recent developments in this area. For example, in the recent California Court of Appeal case of People v. Z.A. (7/26/2012) the police detained a young couple at the Mexican border and found a large amount of marijuana in their car. Before questioning the young woman, the police advised her of her Miranda rights, including the right to remain silent. She told the police that she didn’t want to answer any questions. A short time later she asked the police how long her boyfriend would be detained. Police then began to talk to her and, during this conversation, asked her about the marijuana in her car. She gave incriminating answers about the marijuana, admitted to possession of marijuana and possession of marijuana for sales.

Her Orange County marijuana defense lawyer brought a motion to suppress all of her incriminating statements based on violation of her Miranda rights. Her marijuana defense attorney claimed that once she invoked her right to remain silent, the police must no longer question her about the marijuana crime. Her marijuana defense lawyer in Orange County also argued that although she initiated a subsequent conversation with the police, this does not allow the police to talk to her about the marijuana. The 4^th District Court of Appeal agreed with her marijuana defense lawyer and held that since she unambiguously invoked her right to remain silent during custodial interrogation, her incriminating statements about the pot were inadmissible. The court also held that the young woman’s inquiry about her boyfriend could not reasonably be interpreted as an invitation to talk about the marijuana offense.

So if you’ve been charged with domestic violence, theft, assault & battery, drug possession or sales or any other crime in Orange County it is essential that you consult with a criminal defense lawyer in Orange County. Call the Law Offices of EJ Stopyro at (949) 559-5500 to consult with an OrangeCounty criminal defense attorney today. The consultation is free and confidential. Or visit our website at www.EJEsquire.com.

Law Offices of EJ Stopyro

Criminal Defense Lawyer in Orange County
Orange County Drug Defense Attorneys