Miranda Rights
How To Use Your Miranda Rights
A person who gets arrested in Santa Ana has the right to remain silent, the right to hire an attorney and also if he does not have enough financial means – he will have an attorney appointed at the public cost. Rights mentioned are part of well known “Miranda Rights” which police officer must read to the suspect at the point of arrest. Your statement given to the police is considered to be on voluntary basis, since you do not have to give any statement according to the law. Part of the deal is that everything the suspect says could be used against him at the court. Even if the police officers have not arrested a suspect, he has the right to ask him questions. Statements given by the suspect at that point could also be used against him at the later stage, especially if some other violations of the law were discovered as a result of these statements. If you have a relative with you while having your rights read to you, you may want to tell them to start searching for a reputable Orange County bail bonds company.
Being silent will not have an impact on defendant’s case
If a suspect chooses to remain silent after the police read “Miranda Rights”, his silence cannot have an impact on the outcome of his case. However, it is expected that an innocent suspect who has been charged with serious criminal charges such as burglary, rape of even murder will not remain silent if he has been falsely accused and arrested for something that he did not do. If he remains silent, even before “Miranda Rights” have been read to him, many investigators would believe that the suspect already expected to be arrested, so this is not new to him.
Any specific advice?
If you ever get arrested for a criminal offense, it is highly advisable that you do not wait and remain silent while you are questioned, but rather respond politely that your lawyer advised you not to give any statements without talking to him first. By doing so, you are going to show some knowledge about “Miranda Law” and the whole “pre-Miranda” silence that can put you in danger would be eliminated. So, even if the police officer has not read Miranda rights, you can give this simple statement and show that you have already being advised by your legal representative (attorney) about your rights to remain salient until he comes. During this time, your family members may be arranging your release by contacting a Santa Ana bail bonds company.
Can a negative inference be drawn from silence?
It happened on many occasions that the police misinterpreted suspect’s statement. This is very common with suspects that do not even understand English language to a degree of giving details related to the case or legal matters. It is common thing that an immigrant responds to a question with “yes” or “no”, even without knowing what the police officer asked him. Fear and misunderstanding would make a suspect to become a victim due to misinterpretation. When you decide to use your “Miranda right”, we would advise you to provide a statement in the way that does not highlight your right to remain silent, but your desire to speak an attorney before you give any statement. Remember that any Santa Ana bail bonds company your family contacts should not be giving out legal advice.
If you decide to remain silent – keep up with it
Many techniques were used in the past by the police to make a suspect change his mind about remaining silent. One of the most common techniques would be that even if the suspect does not have anything to say – he is going to write a report according to the statements of other witnesses and suspects. The tricky point is when the police officer starts writing a report without even saying anything to the suspect. That does trigger suspect to “defend” himself upfront of the police officer and break the silence. Another good trick would usually start from the whole beginning by the police officer telling you that you are not under arrest, but that he still has a few questions for you. Do not be fooled – you can be arrested even few minutes later after you give your statement and even if you decide not to give any answer to his questions. Often, when a friend or loved one witnesses this taking place, they will often contact their Santa Ana bail bonds representative in order to prepare for an imminent arrest.
Will someone read “Miranda rights” after I already gave a statement?
Most likely not and even if they do – there is no use of it since you already gave a statement and the police are now done with their part of the job. Your statement will be included in your case. Most of the time, any further attempts to change the statement would be unsuccessful, devalue your defense and present you as a dishonest person. There are very few exceptions to this rule. You will not be advised that you have the right to contact an Orange County bail bonds agent.
I have waived my right to remain silent, but now I have changed my mind
If you are not officially placed under arrest, but “simply questioned”, the Santa Ana police officer does not have to read “Miranda right” to you. However, as previously stated, all the answers that you give could be used against you or against some other suspects. If you previously waived your right to remain silent and you gave some type of statement then all of a sudden you have changed your mind and no longer want to proceed without an Attorney being present, you can stop the questioning procedure by saying: “I plead the Fifth”. The Fifth Amendment is there to protect individuals from the obligation of testifying, since could be a great possibility that they might incriminate themselves during the testimony. However, you need to know that everything you have said so far before “taking the Fifth” can be used against you. Overall, ones you give a statement – count that as a done deal. Keep that part in mind, because it can also influence your bail amount, as any Santa Ana bail bonds agent will tell you.