JONATHAN BURGE

Attorney at Law

Miranda

 

We constantly see on TV officers telling the arrested person that they have the right to remain silent, the right to an attorney, and that a free attorney will be appointed if they canít afford one.

In reality, at least in Hawaii, the police will almost never read you your rights.  The reason for this is that they donít have to, unless they ask you incriminating questions while you are in custody.  In some cases, a detective will read you your Miranda rights after you are arrested if he, or she, wants to get a statement from you.

If the police ask you questions without Mirandizing you, those statements are thrown out at court, except in certain circumstances. 

One of the most common questions asked by people is whether they should give a statement.  The simple answer is that you should always consult an attorney prior to giving any statements if you are a suspect in a crime.  If the police do read you Miranda, or even if they donít, request for an attorney.  

You can never be penalized for requesting to speak with an attorney, and it may mean the difference between your winning or losing your case.

 

 

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