Michael A. Haber, P.A. Miami Criminal Lawyer
http://www.HaberPA.com 1-888-SHARK-8-1
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Many people are confused about their “Miranda Rights” so I will try to make it plain and simple for you. You must be read your Miranda Warnings (i.e. that you have the right to remain silent, that if you do not then anything that you say can be admitted in evidence against you and that you have a right to have a lawyer present during custodial questioning) but a failure to read the warnings to you is not a “death blow” to the State’s case; rather, an improperly Mirandized statement results in suppression of the unlawfully obtained statement (i.e. your statement will not be introduced into evidence in your trial but your trial will not be dismissed because a statement was unlawfully obtained).
In order for Miranda to apply you must be BOTH in custody and being questioned. The problem presents itself in “grey area” cases, usually where it is unclear whether you are in custody or being questioned. What you may perceive as being “custodial” the law may not. Take for instance a traffic stop. Officer Friendly pulls you over for speeding and when s/he asks for your license, registration and paperwork s/he says “what’s your hurry” or “why the rush” and you offer an explanation: A) Miranda need not be read before that question and B) you need not answer… but, if you do, then your response will admitted in your speeding trial. Same case but the officer smells alcohol and asks you if you’ve been drinking… same result (A) Miranda need not be read before that question and B) you need not answer… but, if you do, then your response will admitted in your DUI trial). Same case but you say nothing and the officer takes you to the police station where you either blow or refuse and are formally arrested. Any questions and answers in that setting are 100% subject to Miranda (which is why there is a 99.999% degree of certainty that there will be a written “Miranda Warning Form” in your DUI case) and any un-Mirandized statement is subject to suppression. (Note that a Miranda violation in this context will not effect the admissibility of any law enforcement testimony or dash-cam video of your driving pattern or your roadside encounter or your performance on field sobriety tests or your breath reading or your refusal or your demeanor, presentation, appearance or behavior…. it will only preclude admission of statements made pursuant to questioning while you were in custody).
Miranda does not apply to statements which are volunteered or to statements which are made after Miranda has been invoked and the arrestee decides to start speaking, ergo my standard advise: Invoke both your right to remain silent and to an attorney and, once you have invoked STAY INVOKED. No you cannot “explain yourself” that way but it will preclude the cops from questioning you further, and it will not handcuff your lawyer to your statements, thereby permitting a skilled and trained criminal defense lawyer to prepare a meaningful and effective defense on the lawyer’s and not on the government’s terms.
While I can advise you before or after the fact in the moment it’s all on you. Remember, invoke and stay invoked. When it comes to the subject of “Cops, Courts and Constitutions” you should always have a skilled and experienced criminal defense attorney who is focused on serving your interests. While we can’t stop the cops from arresting you, as your legal counsel Michael A. Haber, PA will ensure that your rights are respected from the moment that representation begins and that any abuses which may have occurred beforehand are remedied.
At Michael A. Haber, PA “it’s all about reasonable doubt”!
Please note that no attorney-client relationship with either Michael A. Haber, PA or Michael A. Haber, Esq. exists as a result of your watching this Webisode series. Further any and all information which is both contained in and may be construed from this Webisode series is generic in nature and should only be considered as informational and not as actual legal advise in any specific case. Should you wish to seek actual legal advise then please feel free to contact Michael A. Haber, Esq. as follows:
Office Phone: 305-381-8686
Toll Free Phone: 1-888-SHARK-8-1
Cellular Phone / Text: 305-798-2220
E-Mail: [email protected] / [email protected]
Facebook: www.facebook.com/HaberPA
Twitter: @Sharky910
Blog: http://habercriminallaw.blogspot.com/
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