Asserting your right is an important part of defending against California criminal charges.
At this point, most Americans can probably recite the Miranda warnings by heart: “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney…”. We all watch police procedurals and courtroom dramas — but how many of us really know what the right to remain silent means?
This right is a fundamental part of our constitutional right against self-incrimination. In other words, you have a right to not “tell on yourself.” The government cannot force you to be a witness against yourself. While this seems simple enough, it is actually more complex than it appears.
As an initial matter, you are not entitled to a Miranda warning in every situation. Law enforcement only has to recite the Miranda warning if (1) a government agent (2) conducts an interrogation (3) while you are in custody. If all three of those elements are not present, then you are not entitled to a Miranda warning — and certain rights (such as the right to an attorney) have not necessarily attached. In other words, if the police are simply asking you questions on the street and you’re free to leave at any time, then you are not in custody — and you are not entitled to an attorney.
However, it is vital to understand that regardless of where you are or whether or not you have been arrested, you ALWAYS have the right to remain silent. Generally, your criminal defense lawyer Riverside, CA will recommend that you are polite to police officers and answer their basic questions. For example, if you are pulled over on suspicion of a DUI, you are required to provide your driver’s license and insurance information. You do not have to tell the officer where you have been, if you have been drinking, or anything else. Similarly, if a police officer stops you on the street, you don’t have to tell them where you were or where you are going. Instead, you can state that you are asserting your right to remain silent.
In some situations, law enforcement will use a variety of tactics designed to get a suspect talking — without violating his or her right against self-incrimination. For example, a murder suspect might be handcuffed in the back of a police car, having already asserted his right to silence. One police officer comments to another, “It’s a shame that the poor girl’s parents will never be able to have a proper burial and say goodbye to their daughter…” — and the suspect then tells them where the victim is buried. Was that an interrogation? While the officer did not technically ask the suspect a question, he made a statement designed to elicit a response. A skilled criminal defense lawyer Riverside, CA could argue that it was essentially an interrogation — and that the officer violated the suspect’s constitutional rights.
Because these cases can be complicated and the results can lead to the suppression of evidence, it is critical to have a highly skilled criminal defense lawyer Riverside, CA to represent you. At the Chambers Law Firm, we advocate for our clients through each step of the process, from the initial arraignment to the final resolution. We work with you to achieve the best possible outcome, including having evidence suppressed due to Miranda violations. Contact our firm today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation.
