Friday, May 31, 2024

#HABERPA VIDEOFAQ # 393) What happens if the Cops don’t read me Miranda? Michael A Haber Miami Criminal Defense Lawyer

PLEASE WATCH #HABERPA'S VIDEOFAQ # 393) "What happens if the Cops don’t read me Miranda?" @ https://youtu.be/cAFcMHG2Iv8




This Blog Post is a PSA (i.e. a "Public Service Announcement" that's designed to provide the folks with important information) but it also both marks the rollout of this latest batch of #HaberPA's VideoFAQs and highlights # 393) "What happens if the Cops don’t read me Miranda?" and finally it's a shameless plug for #MichaelHaberLaw (#HaberPA's YouTube channel).  Disclosures complete let's get to it:


- The PSA: #HaberPA's VideoFAQ # 393 explains what happens when the police need to read you Miranda Warnings but don't, and goes like this:




"Thanks for asking me “What happens if the Cops don’t read me Miranda?”


One of the biggest myths in the criminal justice system - and one that I have to explain frequently - is that where the cops were legally obligated to read you Miranda yet failed to do so, then your case gets dismissed.  That is flat out wrong.  A failure to read Miranda does NOT result in dismissal of a case; rather, the remedy for a Miranda Violation is suppression of any ill-gotten statements.


Let me repeat that: If the cops arrest you for crime X, have you in custody and while you are their captive they question you about crime X, then they are legally obligated to read you your Miranda rights BEFORE the questioning starts.  Under these circumstances if they fail to advise you of your Miranda Rights, and should you make any statements - be them incriminating or not - then the remedy for this constitutional violation is suppression of whatever statement that you nay have made and nothing more.  The case will not be dismissed.  It can - and it will - proceed with whatever other evidence the State has in it’s arsenal.  What do I mean?  I’ll explain using a real world example... in fact we’ll use  the case of Ernesto Miranda himself:


Ernesto was arrested by the Phoenix Police Department for kidnapping, rape, and armed robbery. After a 2 hour interrogation Ernesto hand-wrote a confession on a police form that contained the following language: “this statement has been made voluntarily and of my own free will, with no threats, coercion or promises of immunity and with full knowledge of my legal rights, understanding any statement I make can and will be used against me.”  The problem was that no one from the Phoenix PD ever read, explained or made sure that Ernesto was ever made aware of that critical small print on the bottom of their form.  He was convicted, sentenced and appealed to the Arizona Supreme Court which affirmed his conviction.  Two years later the US Supreme Court reversed his conviction, created the Miranda Rights Warnings requirement, and sent Ernesto’s case back to Phoenix for a new trial.  Because there was evidence other than just his confession the State conducted the 2nd trial with everything except the confession (which had been excluded per the SCOTUS ruling) and lo and behold ole’ Ernesto was convicted once again.


So no, a failure to read Miranda does not result in a dismissal of a criminal case."


- The roll-out:  Over the course of Memorial Day weekend we published #HaberPA VideoFAQs # 376 - 401, 5 of which deal with The Fourth Amendment per se, another 5 of which deal directly with the subject of warrants, 4 of which deal with searches and Motions to Suppress, 3 of which deal with Miranda Rights, 1 on "Spoliation of Evidence", 1 on "Chain of Custody" and 6 that deal with Arrests (more specifically 2 of which are generic, 2 concerning "Contempt of Cop" and 2 on "Gratuitous Charges").  


Again, today we are highlighting # 393) "What happens if the Cops don’t read me Miranda?", which you can watch at the following URL: https://youtu.be/cAFcMHG2Iv8


- The shameless plug:  #HaberPA's VideoFAQ catalogue is now up to 401 Criminal Defense, Criminal Law, Criminal Procedure, DUI, BUI, Domestic Violence, Evidence, Crime Victim Rights and Seal & Expunge "Webisodes" and we are currently scripting 24 new ones concerning such topics as: The 6th Amendment, Public Defenders vs. Private Criminal Defense Counsel, lawyer ethics (insert snarky oxymoron joke here...) and client's rights as are imposed upon all lawyers in The Sunshine State via the Rules Regulating the Florida Bar and updated firearm / gun laws in Florida's new Constitutional Carry era.


If you've not yet done so then I hope that you'll please SUBSCRIBE to #HaberPA's YouTube Channel #MichaelHaberLaw by visiting the following link: www.youtube.com/c/michaelhaberlaw 


As of today we have 2,495 subscribers who've contributed to our 698,585 views, but your kind subscription will get us closer to reaching our immediate goal of 3,000 subscribers and 1,000,000 views!


Each #HaberPA VideoFAQ focuses on a specific question, most are 1 - 2 minutes long, but several in this latest batch are closer to the 3 minute mark (another relevant aside alert: "Necessity" is what we call an "affirmative defense", or a defense which negates the "intent" or Mens Rea" element of an otherwise criminal act as the actor's illegal conduct only occurred under threat, usually threat of harm), and while we may not always be successful in our endeavor we do consistently strive to make each VideoFAQ short, pointed, creative, entertaining and, most importantly, informative.


While I admittedly conjure a healthy percentage of the "questions" that form our VideoFAQs a substantial portion of them are in fact inspired by real world questions from others (e.g. clients, potential clients, random folks on social media / the internet, friends, family, colleagues, etcetera).  Should you have a legal questions that you'd like #HaberPA to address then you're welcome - encouraged even - to SUBMIT it / them to me, be it by email (Sharky910@aol.com), calling or texting my cell phone (305-798-2220), messaging me on ‪X /‎Twitter (@Sharky910), MeWe (also @Sharky910), on YouTube (via MichaelHaberLaw) or by PM'ing me right here on FB‬ and, assuming that your proposed topic is both appropriate and fits within our wheelhouse then we'll be happy to provide you with a custom tailored video answer to your relevant question.


With all that said I hope that you enjoy # 393, that if you've not yet done so then that you become a #MichaelHaberLaw subscriber and in any event that you know that no attorney-client relationship with either #HaberPA or Michael A. Haber, Esq. exists as a result of watching any of our VideoFAQs.  Any and all information which is both contained in and may be construed from our VideoFAQ is meant to be generic in nature, should only be considered as academic and is not intended to be construed as legal advise to any specific individual for any specific case.  Should you wish to seek actual legal advise then please feel free to contact #HaberPA directly.


Should you, a friend, a loved one or even someone that you {don't particularly like but happen to} know be in a jam with the criminal justice system then you can rest assured that either retaining or recommending #HaberPA will not only reflect well on you but will provide the client with unwavering, relentless and honest advocacy.


Established in 1991 and with no history whatsoever of any form of professional discipline, #HaberPA is readily available to have open, honest dialogue with potential clients and to quote and honor reasonable fees after identifying a realistic litigation objective. We're proud of our unblemished and time proven record of both having our client's "6:00", 24-7-365, 360° and of providing boutique, creative, effective, unwavering and zealous #CriminalDefense, #CriminalLaw, #CriminalProcedure, #ConstitutionalLaw, #Evidence, #DUI, #BUI, #DomesticViolence, #Probation, #Crime #VictimRights and #Seal & #Expunge representation to it's clientele, primarily in South Florida, on matters ranging from DUI to #DrugTrafficking and from #Misdemeanors to #Murder.


At #HaberPA "it's all about #ReasonableDoubt"!


YT: www.youtube.com/c/MichaelHaberLaw

FB: www.facebook.com/Miami.Criminal.Lawyer

X: www.twitter.com/Sharky910

WWW: www.criminallaw.miami

E-Mail: Sharky910@aol.com

Cell: 305-798-2220

Office: 305-381-8686

Toll Free: 1-888-SHARK-8-1


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, P.A. "Its all about reasonable doubt"!


Michael A. Haber, Esq. is prepared to speak with you about your case!


Cell: 305-798-2220; Office: 305-381-8686; Toll Free: 1-888-SHARK-8-1






THIS BLOG POST (AS ARE ALL OF #HABERPA's 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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