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.
If you have a FL based #CriminalDefense or #DUI question that you would like for Michael A. Haber, Esq. to address and answer then please SUBMIT YOUR QUESTIONS by email to sharky910@aol.com, call or text 305-798-2220 or message "Miami.Criminal.Lawyer" on #Facebook or @Sharky910 on #Twitter) and Michael A. Haber, Esq. will try to provide you with a video answer on a new HaberPA Webisode!
Also please LEAVE YOUR FEEDBACK on the Webisodes so that we will know what you like or dislike and such that we can effort at improving future Webisodes!
Michael A. Haber, P.A. has provided personalized and boutique legal services to both individuals and entities, primarily in the South Florida area, since 1991. With no history of professional discipline whatsoever, Michael A. Haber, Esq. zealously advocates his client's interests and custom tailors his services to meet each client's particular situation, needs and desires.
Whether in State or Federal Courts, Michael A. Haber, P.A. strives to ensure that his client's rights are respected and that his clients receive top-tier legal representation and counsel.
Toward that end Michael A. Haber, Esq. makes himself directly available to his clients whether in person, over the phone (305-381-8686 - 305-798-2220), by e-mail (sharky910@aol.com) on Facebook ( http://www.facebook.com/haberpa ) or on AOL/IM (Sharky910).
When you hire Michael A. Haber, P.A. you get Michael A. Haber, Esq.!
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: Sharky910@aol.com / MAH@HaberPA.com
Facebook: www.facebook.com/HaberPA
Twitter: @Sharky910
Blog: http://habercriminallaw.blogspot.com/
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THIS BLOG POST (AS ARE ALL OF HABERPA BLOG POSTS) IS A PUBLIC SERVICE ANNOUNCEMENT WHICH IS PRIMARILY DESIGNED, BY WAY OF REAL WORLD EXAMPLE, TO ASSIST THE GENERAL PUBLIC IN AVOIDING CONDUCT WHICH COULD FORESEEABLY RESULT IN ARREST AND PROSECUTION!
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