familiar with our Miranda right to remain silent. Everyone knows that when the
police arrest you for Domestic Violence, drug sales,
or any other crime, they will read you your Miranda rights. In fact, my clients
are often perplexed when they are arrested and the officer does NOT read them
their Miranda rights. “They didn’t even read me my rights” my client will
exclaim, hoping that this police failure to do what they are supposed to do
will help get them out of trouble. However, any Orange County criminal defense lawyer
will tell you that the police don’t always have to read an arrestee their
rights.
Once an arrestee is taken into custody for Criminal Threats,
hit and run, or any other crime, the police must advise them of their Miranda
rights before the police question them. But if the police officer doesn’t ask
any questions, then the officer is under no obligation to read the defendant their
rights. So, for example, if a police officer arrests a person for auto theft
and doesn’t read the suspect their rights, the officer should not ask any
questions. However, if the arrested person makes statements to the officer
without the officer’s prompting, these statements can and will be used against
the defendant in court. Since the officer didn’t ask questions, he or she is
under no obligation to tell the defendant of their right to remain silent or
their right to the services of an Orange
County criminal defense attorney.
hit and run, or any other crime, the police must advise them of their Miranda
rights before the police question them. But if the police officer doesn’t ask
any questions, then the officer is under no obligation to read the defendant their
rights. So, for example, if a police officer arrests a person for auto theft
and doesn’t read the suspect their rights, the officer should not ask any
questions. However, if the arrested person makes statements to the officer
without the officer’s prompting, these statements can and will be used against
the defendant in court. Since the officer didn’t ask questions, he or she is
under no obligation to tell the defendant of their right to remain silent or
their right to the services of an Orange
County criminal defense attorney.
In fact, some officers intentionally employ this tactic of
not reading Miranda rights to a burglary or domestic battery suspect and
letting that suspect do all the talking on the way to jail. The officer thus
uses a person’s natural tendency to talk their way out of a bad situation to
their detriment. Thus, a person who has been arrested for assault and battery
or any other offense should resist the urge to talk and simply remain silent.
This post-arrest silence cannot be used against the arrestee later in court. An
arrestee should always consult with their criminal defense lawyer before making
any statement to the police.
not reading Miranda rights to a burglary or domestic battery suspect and
letting that suspect do all the talking on the way to jail. The officer thus
uses a person’s natural tendency to talk their way out of a bad situation to
their detriment. Thus, a person who has been arrested for assault and battery
or any other offense should resist the urge to talk and simply remain silent.
This post-arrest silence cannot be used against the arrestee later in court. An
arrestee should always consult with their criminal defense lawyer before making
any statement to the police.
When the police arrest a suspect for a crime such as
shoplifting or possession of a controlled substance and then do read the suspect their Miranda
rights, it is usually best to exercise the right to remain silent. The US
Supreme Court held in Doyle v. Ohio (1976) 426 U.S. 610, that
remaining silent after you have been advised of this right cannot be used against
you in a court of law. For example, if you are arrested for drug possession and
the officer reads you your rights and you exercise your right to remain silent,
this silence cannot be used against you later. So if your case goes to trial
and your CRIMINAL DEFENSE ATTORNEY asserts the defense that the drugs were not
yours, the DA cannot use the fact that you didn’t tell the cop that the drugs weren’t
yours against you. The DA
cannot mention this silence or the case could be dismisses.
shoplifting or possession of a controlled substance and then do read the suspect their Miranda
rights, it is usually best to exercise the right to remain silent. The US
Supreme Court held in Doyle v. Ohio (1976) 426 U.S. 610, that
remaining silent after you have been advised of this right cannot be used against
you in a court of law. For example, if you are arrested for drug possession and
the officer reads you your rights and you exercise your right to remain silent,
this silence cannot be used against you later. So if your case goes to trial
and your CRIMINAL DEFENSE ATTORNEY asserts the defense that the drugs were not
yours, the DA cannot use the fact that you didn’t tell the cop that the drugs weren’t
yours against you. The DA
cannot mention this silence or the case could be dismisses.
If, however, you are arrested for a crime such as grand
theft or assault with a deadly weapon and you are read your Miranda rights and
you DO waive your right to remain silent and to have your criminal defense
lawyer present, then the DA could use any silence or omissions in your
statement against you. For example, if you were arrested for transporting drugs
and you make a statement to the officer after Miranda, but you don’t mention
anything about someone forcing you to be a drug courier and then at trial your
defense attorney raises the defense of “necessity” arguing that you were forced
to transport drugs, the DA can then point to your silence about this during the
police interview. Thus, it’s usually best to remain silent.
theft or assault with a deadly weapon and you are read your Miranda rights and
you DO waive your right to remain silent and to have your criminal defense
lawyer present, then the DA could use any silence or omissions in your
statement against you. For example, if you were arrested for transporting drugs
and you make a statement to the officer after Miranda, but you don’t mention
anything about someone forcing you to be a drug courier and then at trial your
defense attorney raises the defense of “necessity” arguing that you were forced
to transport drugs, the DA can then point to your silence about this during the
police interview. Thus, it’s usually best to remain silent.
If you’ve been arrested for a crime call The Law
Offices of EJ Stopyro at (949) 559-5500 for a free and confidential
consultation with an experienced CRIMINAL DEFENSE LAWEYR IN ORANGE COUNTY. You
can also go to www.ejesquire.com. We
have offices at 32072 Camino Capistrano, 2nd floor, San Juan
Capistrano, CA 92675 and at 1901 Newport Blvd., Suite 350, Costa Mesa, CA
92627.
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