On practically every episode of a police-related television show or movie,
someone is read their Miranda rights, reminding us that we have the right
to remain silent, the right to consult with a lawyer, the right for an
attorney to be present during questioning, and the right of have a lawyer
represent us for free if we cannot afford one.
Yet, an alarming amount of people will attempt to explain “their
side of the story” in order to get the facts straight. Despite the
attempt to clear their name, what anybody says could later be used to
build a case against them.
The following are common ways a conversation with law enforcement could go wrong:
- You might confess to a crime that you committed or one that you didn’t commit.
- You might admit one or more facts that may lead to your conviction.
- You might lie to law enforcement.
- Police might misunderstand you.
- Police might not remember everything you say.
While police officers are not required to read you your rights in many
situations, they must do so if they take you into custody and they conduct
an interrogation. Being in custody means that law enforcement has restricted
your freedom of movement and you do not feel that you can leave the area
(e.g. room, car, or other settings). When law enforcement questions you
about the occurrence of an alleged crime or your possible involvement
in criminal activities, this is considered an interrogation.
Keep in mind, if you simply remain silent after being arrested, taken into
custody, or being interrogated, you are not actually invoking your right.
So in order to invoke your right to silence, you must say, “I am
invoking my right to remain silent and won’t be answering any questions
without an attorney.” At this point, police should leave you alone
while you wait for your lawyer to show up.
If you have been arrested for a crime in Daytona Beach,
Daytona Beach criminal defense lawyer at
Stepniak & Park today.