San Francisco Miranda Rights Lawyer
When taking a suspect into custody, the police must advise the suspect
of his Miranda Rights. These rights, which are guaranteed by the
United States Constitution, include:
1) the right to remain silent
2) the right to have an attorney present during questioning, and
3) the right to have an attorney appointed if the suspect cannot afford one.
The heart of the Miranda Rights relates to police interrogations.
Before interrogating an individual in police custody, police officers
must read the individual his rights (this is often referred to as
"Mirandizing" a suspect). Once this is done, the individual is free
to remain silent, to answer questions, or to ask for a lawyer. If the
suspect asks for a lawyer, then the police must stop the interrogation
and not restart it until the suspect's lawyer is present. Miranda
Rights must be reread before every subsequent interrogation.
If an individual is not advised of his Miranda Rights prior to an
interrogation, then any statements made during that interrogation
cannot be used in a court of law. This does not mean, however, that
the individual will avoid criminal prosecution or that his case will
be thrown out, it simply means that those statements cannot be used
against the individual.
Similarly, if the police continue an interrogation without a lawyer
even after a suspect in custody has asked for one, then any statements
made by the suspect cannot be used in court. The same is true if the
police fail to provide a lawyer simply because the individual cannot
afford one.
Whether or not the police read a criminal defendant his Miranda Rights
can make a big difference in court. But understanding and applying
Miranda Rights is very complex. Seth P. Chazin has extensive
experience using his clients Miranda Rights to their advantage. With
over 20 years of courtroom experience, Mr. Chazin can help make sure
that you're rights are preserved under the law. Contact him now.
