You have the right to remain talking?


Most if not every person knows 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 speak to an attorney, and to have an attorney present during any questioning. If you cannot afford a lawyer, one will be provided for you at government expense.

It is truly astonishing the amount of people who are given these rights and still decide to talk to the police. The police tell them that they have the right to remain silent, yet most people rather choose to exercise their right to remain talking at their own peril.

If the police suspects that you have committed a crime, and have enough evidence to file an official complaint, they will. There is little that you can say to stop the police from doing that. While you may believe you can talk your way out of the situation, it is highly unlikely to happen. Police officers are trained to extract information from people, and most of them are very effective at doing just that.

You have a right to an attorney, and one will be provided if you can’t afford one. Therefore, there is no reason why you should not talk to an attorney before talking to the police, or to have an attorney present during the interview. Think about it, before you go in for surgery wouldn’t you want a professional doctor to warn you about the possible dangers of the procedure, and reduce the risks that you may face?

When you are properly given your Miranda rights and confess, it makes it very difficult to suppress the statements. To make matters worse, police are trained to obtain a written confession and to tape the interviews. Many times, the confession is the strongest part of the prosecution’s case. So if you decide to exercise your right to talk, make sure you are ready to face the consequences.

Expert law provides a good question and answer about Miranda rights: http://www.expertlaw.com/library/criminal/miranda_rights.html

Globe story regarding a Vermont man confessing to murderhttp://www.boston.com/news/local/vermont/articles/2008/07/10/accused_killers_confession_played_in_court/

For more information: visit http://www.attorneychan.com or contact me at 508-808-8902

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One CommentLeave a comment

  1. What is even more difficult to understand is how parents teach their children to tell the truth and encourage them to speak with police officers and these same children give confessions that are difficult to suppress. The same holds true when children are questioned in schools.

    Linda Harvey


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