Miranda Rights

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Miranda Rights

Q: What are my Miranda Rights?

A: When an officer has arrested a person and starts to ask them questions about a crime, the officer must first advise the person of their Constitutional rights. Most often, the advisement is this:
1) You have the right to remain silent.
2) Anything you say can and will be used against you in a court of law.
3) You have the right to be advised by an attorney before answering any questions.
4) If you desire an attorney and cannot afford one, one will be appointed for you free of charge.

Q: Nobody read me my Miranda Rights. Isn't that illegal?

A: Not necessarily. An officer only has to advise you of your rights if two conditions occur.
1) You are in custody, or a reasonable person in your position would feel that they were not free to leave; AND
2) The officers are asking questions about their investigation.
If both of these conditions are not met, the officer is under no obligation to advise you of your rights

Q: If an officer advises me of my Miranda Rights, what should I do?

A: Use the rights that you have just been advised. Tell them "I want an attorney!" and "I want to remain silent!" Call your attorney right away. The officers MUST stop questioning you at that point. If they continue questioning you, DO NOT SAY ANYTHING. Do not explain your request for an attorney or your demand to remain silent . Do not volunteer anything. Just stay quiet and don't say a word, except to ask to call your attorney.

Q: If I am arrested and admit I committed the crime before they Mirandize me, does that mean they cannot use my statement in court?

A: Why would you want to admit anything? If you make ANY voluntary statement, that statement WILL be used against you in court. Use your right to remain silent; DO NOT make any statement to the police until after you have discussed it with your attorney. Do Not talk to the police without your attorney present.

Q: If I tell the police that I will talk off the record and they turn off the tape recorder, does that mean that what I tell them cannot be used against me?

A: NO. Any statement you make to the police WILL be used against you regardless of whether it is "off the record" or unrecorded.

Q: Do the officers always make an accurate report of what you tell them?

A: No. They are human too and subject to making mistakes or assumptions. If you feel compelled to talk to an officer, make sure that they tape record the ENTIRE conversation. If they are talking to you as a suspect, talk to your attorney first.

Q: The officers tell me that I am free to leave, but they do not tell me about my Miranda rights. Does that mean that they cannot use the statement against me?

A: NO! That is their way to get around advising you that you have the right to remain silent, or that you have the right to an attorney. If they are questioning you about a case, call your attorney first. Discuss with your attorney whether you should make a statement. It is rarely in your best interest to talk to officers about a case in which they think you are involved. Use your feet and LEAVE if they tell you that you are free to leave.

What to do if you find yourself in jail

Q: I was arrested. What should I do now?

A: Do not talk to ANYONE about your case or what happened. The ONLY person you should talk to about your case is your attorney. If you talk to anybody else about your case, that person could be subpoenaed to court to tell a jury what you said. Some jailers seem very friendly…remember, they are LAW ENFORCEMENT OFFICERS. They will tell the District Attorney what you said. Other inmates will ask you about your case. A lot of them are trying to get information that they can trade for a better deal on their case, so do not talk to them either. The only person who you can tell the facts to without it getting out to others is your ATTORNEY. Call your attorney right away.

Q: What can I do to get out?

A: If you are just under arrest for a minor charge (Disturbing the peace, littering, possession of a smoking pipe for controlled substance, etc.) it is likely that the jail will give you a citation to appear on a date in the future and then let you out. If that is not the case, then you need to contact a bailbondsman. A bailbondsman will charge you around 10% (ten percent) of the bail to bail you out. You do not get that money back. (If your bail is $10,000, you have to pay the bailbondsman $1,000 to get bailed. Not all bail agents charge the same, and some will have options such as payments. It might be worthwhile to shop around.) Sometimes, if you wait for your arraignment, the judge may lower the bail. Then your out of pocket loss is less. On certain occasions, your attorney can get you released without having to pay anything. This is called a Release on your Own Recognizance. Contact an attorney right away after being arrested to see what they can do for you.

Q: Do I get my money back from the bailbondsman when my case is over?

A: No. The money you pay to a bailbondsman is the price you pay for them to put up a guarantee that you will appear in court. The fee you pay is where they make their money.

Q: Some of the other inmates are telling me what I should do on my case, or they are telling me something different than my attorney. Should I listen to them?

A: No. If they were so smart, they would not be in jail. They are not trained attorneys, nor should they know the facts of your case (you should NEVER talk to other inmates about the facts of your case.) Your attorney knows your case and has been trained in the law. Your attorney has access to research books, and in most cases knows how to deal with the prosecutor handling your case. Your best bet is to work with your attorney.

Q: Can I talk to my family about my case when they come to visit or when I call them on the telephone?

A: NO! The jailers monitor every visit conversation and every telephone call made by inmates. Unless you want to tell your information to the District Attorney, DO NOT talk about your case with anyone but your attorney. The jail is NOT allowed to monitor any conversation you have with your attorney.