Nationwide Bail Bondsman
What do you
do if you are questioned by the authorities?
Must a police officer always advise a person of their Miranda rights before asking a question?
No. The Miranda warning is only in effect during a "custodial interrogation." This means that the person being questioned is in custody or believes that in the surrounding environment he or she is not free to leave.
If I am in custody, how do I assert my right to remain silent?
A suspect who has been arrested need
only say " I want to speak with an attorney" or " I have nothing to say
now." If the police officer continues to question the you, the police have
violated your civil rights under the 5th Amendment. Anything
that the you say after the violation is inadmissible as evidence in a
court of law.
No. Unless you are placed under arrest you are free to leave at any time. However, if a police officer stops you while you are walking, and asks you for identification, it is probably in your best interest to provide such information. The courts have allowed police officers to detain people for extended periods of time in an effort to determine your identity.
Can I waive my Miranda rights?
Yes. If you have been arrested, and
you have been given your Miranda warning, then anything that you say can
and will be used against you in court.
This is something police officers
almost always say. Remember a Police Officer has no authority to cut you a
deal or special considerations. Police officers have no control over what
happens to you after you have been arrested. The determination of what you
will be charged with, and how you will be sentenced, is up to the
prosecutor and the presiding judicial judge.
The rules of thumb is Yes if you are
arrested you should consult an attorney. The procedures of criminal law
are generally too difficult for a lay person to understand without a legal
background to effectively comprehend. To become a prosecutor, a person
must spend at least four years in college, then another three years in law
school, and finally, pass the state bar examination. It is easy to see why
defending yourself against a state prosecutor without the help of an
attorney, is not a wise decision.
· Simply avoid speaking with the officer at all costs. Tell him or her that you are not going to speak with them under any circumstances.
· Hand over your driver’s license, registration and insurance paperwork and remain seated in the vehicle with your hands in full view of the officer.
· If the officer asks you to get out of the car, explain that you are not going to take any field tests under any circumstances. Tell the officer to charge you with an offense or let you go.
· This will generally draw the response that you are under arrest. The officer will then ask you to get out of the car. At this point you must comply with the officer or be charged with resisting arrest. Don’t make matters worse, do as your told.
· Simply get out of the car, hold out your hands for the handcuffs, and keep your mouth shut.
· If you are taken into custody its not the end of the world. You will have to endure several hours at the local jail and have to pay to be bonded out, but the good news is that your chances of beating your case are much better because you remained silent. Remember the old adage “fish die by the mouth” pick the fights you know you can win. So you lost the battle but you did not loose the war that’s what counts ask any lawyer.
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