DISCLAIMER: I am a lawyer licensed in Florida. This does NOT constitute legal advice to anyone, and no attorney-client relationship, express or implied, exists simply by the statements contained herein. These thoughts are just my humble opinion on this subject (and are probably off-topic, as well). If you have any questions or need legal advice about your particular circumstances, YOU ABSOLUTELY MUST MUST MUST consult with an attorney licensed in the state where you were charged and/or where the questioning is or will occur. First things first: Miranda. If you are being questioned in police custody - meaning that you do not feel free to leave OR ARE NOT FREE TO LEAVE - you have the following rights: "[A suspect] must be warned PRIOR TO ANY QUESTIONING that he has the right to remain silent, that anything he says can be used against him in a court of law, that he has the right to the presence of an attorney, and that, if he cannot afford an attorney one will be appointed for him PRIOR TO ANY QUESTIONING if he so desires. Opportunity to exercise these rights must be afforded to him throughout the interrogation. After such warnings have been given, and such opportunity afforded him, the individual may knowingly and intelligently waive these rights and agree to answer questions or make a statement. But unless and until such warnings and waiver are demonstrated by the prosecution at trial, no evidence obtained as a result of interrogation can be used against him." Miranda v. Arizona, 384 U.S. 436, 383-384 (1966)(emphasis supplied). What does all of this mean? It means this: (1) If you are in police custody, you have the right to remain silent and not answer any of their questions. Period. As soon as you mention the words, "I want a lawyer," the interrogation MUST stop IMMEDIATELY. (Some of you future police officers might do well to remember this - this is where I make my living.) (2) However - if you VOLUNTARILY go to the police to answer their questions about your involvement in a crime, you are not in police custody (because you can leave) and MIRANDA WILL NOT APPLY. Many people have gone to the police of their own free will and while there, confessed to crimes. At the time they're spilling their guts to the police, they start thinking, "well, they never Mirandized me, so they can't use my statement." This is WRONG! If you give an inculpatory statement to the police VOLUNTARILY and of your own accord and you were free to leave at the time, YOU'RE SCREWED. The Miranda protections ONLY APPLY WHILE YOU ARE IN POLICE CUSTODY. Of course, the police are SUPPOSED to Mirandize you when you start making statements that sound like you are confessing to crime, but many times these people - now Defendants - spill their guts faster than the cops can Mirandize them! Now its too late, and your public defender or private counsel will go on to attempting to make a deal to keep your ass out of jail. The take home message: (1) The police ARE NOT GOING TO PROTECT YOUR RIGHTS. You must do this yourself. This means ASSERT YOUR RIGHTS FROM THE BEGINNING and BE CLEAR ABOUT IT. Example of a clear assertion of your rights: I WANT A LAWYER NOW. If asked to sign their little form, write: I WANT A LAWYER NOW. And DON'T SIGN ANYTHING WITHOUT YOUR LAWYER PRESENT. Seriously. (2) At the first sign of your being in police custody (meaning that you felt that you were not free to leave), ASK FOR A LAWYER AND THEN SHUT THE F**K UP. (3) If the officers tell you that you are not in custody, or if you went to the police voluntarily, ask the police, "Am I free to leave?" If they say NO, then ASK FOR A LAWYER AND THEN SHUT THE F**K UP. If they say yes - STOP TALKING AND LEAVE. (4) In all circumstances, if you feel that you are under investigation by the police - CALL A LAWYER BEFORE GOING TO SPEAK WITH THE POLICE. Again the foregoing is NOT LEGAL ADVICE given to anyone, Florida Lawyer
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