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This page was written, edited, reviewed & approved by Karren Kenney following our comprehensive editorial guidelines Karren Kenney, the Founding Partner, has 30+ years of legal experience as a criminal defense attorney.
Posted by Karren Kenney | Feb 02, 2018 | 0 Comments
When anyone is being accused of a crime, it is imperative they invoke their Miranda Rights and keep their mouth shut during any questioning by law enforcement. Time and time again people who end up in criminal court fighting charges have made the biggest mistake … they talked to law enforcement when they are being questioned by law enforcement officers. Law enforcement officers are NOT your friends when they are accusing you of committing a crime. Their job is to squeeze incriminating statements out of the accused so they can justify their request to the prosecutor to file charges against you. ALWAYS INVOKE YOUR MIRANDA RIGHTS TO HAVE AN ATTORNEY WITH YOU BEFORE ANSWERING QUESTIONS!
If a person being accused of a crime tells the officer they are not going to talk without a lawyer being present, the questioning must seize. Unfortunately, many law enforcement officers play the game of “well you're not under arrest” making it sound as if the person doesn't need a lawyer. DON'T FALL FOR THIS!! As soon as you tell the officer you aren't talking without a lawyer present, whether you have been arrested or not, the questioning must stop. If the copy keeps trying to talk you into answering his questions, just keep repeating that you want a lawyer present before you will answer anything. Unfortunately, when the accused is a minor, it is hard for the minor not to talk to the police. Many kids think they have to answer questions because an officer is an adult and they are generally not aware of their rights. In fact, many people do not understand what their rights are because the actual language of the Miranda rights can be confusing depending on how the officer informs the person being questioned. A lot of officers will rattle off the rights and then just go right into asking questions as if the person does not have a choice. You always have a choice to keep your mouth shut!
Miranda Rights can be confusing if the officer rushes through the standard language and does not make sure the person being questioned fully understands them. Especially for minors, the Miranda Rights need to be rewritten. Since most, if not all, officers just really want to obtain incriminating statements from the accused, they don't care if the person being questioned understands them or not. The officer is just required to read through them, usually as quickly as possible.
As you are reading this, you may think this does not pertain to you, but you never know what the future holds for you or someone you know. So pass the information along and educate your family and friends to never talk to a law enforcement officer if they are accused of committing a crime. Always, always, always ask to have your criminal defense attorney present for any questioning. It's the best thing you can do if you end up in criminal court.
