Miranda Warnings

The United States Supreme Court made a very important decision regarding Miranda this summer.  I'm sure everyone is familiar with the Miranda warnings given by police officers before interrogation.

      "You have the right to remain silent, anything you say can be used against you in a court of law, you have a right to an attorney present, and if you cannot afford an attorney one will be appointed for you...."    the police officer will then ask if you understand these rights and if you give them up. 

Well what happens if the arrestee doesn't say anything...he doesn't say he waives his rights (gives them up to answer questions), nor does he say he is invoking his rights (claiming his rights and interrogtation has to stop).  The arrestee just remains silent, and over the course of three hours of interrogation he mutters a "yes" when asked by police if he prayed for forgiveness for the crime he commited.

For years, we defense lawyers would argue, if an arrestee makes known by body language he does not want to talk to police but never says it, he invokes his Miranda right and the interrogation should stop.  Otherwise, anything the arrestee says should be thrown out of court.  But this case hurts that argument.

The U.S Supreme Court held that an arrestee must invoke his Miranda rights unambiguously, that means an arrestee has to acutally say the words, "I want an attorney" or "I want to remain silent" or something similar that clearly, tells the cops you don't want to talk to them and you want a lawyer.

Lesson learned....you should never talk to police if you are the target of investigation or under arrest.  At that point, the police want you to say something that hurts your case.  I don't know how many clients I have had who say they thought they could talk their way out of it, or out of going to jail.  It never happens!!  You should invoke or claim your Miranda rights and ask for a lawyer.  Let the lawyer decide if it is in your best interest to talk to the police.....usually not, but occasionally it is a good idea.  Bottom Line....GET A LAWYER FIGHTING FOR YOUR RIGHTS!!