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  • Former Deputy San Diego City Attorney
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Attorneys William R. Christoph & Nicholas W. Christoph

Do “Miranda Rights” always have to be given?

On Behalf of | Mar 29, 2014

Miranda rights” do not always have to be given to an individual.  These rights generally include the right to remain silent, not incriminate yourself, right to an attorney and anything you say may be used against you.  They must be given only if you are in custody and being questioned.  NO questions, then no miranda. Police Officers simply investigating a crime do not have to give “miranda rights” to everyone they talk to.   Once you are under arrest, then the rights must be given before any questions are asked.  However, if you are just talking and making statements, even after being arrested, those statements can be used against you.   If you voluntarily go to the police department, not under arrest and are free to leave, rights do not have to be given to you.  Many times officers will give them anyway in an abundance of caution in many circumstances.

Miranda rights are an important right which can protect you from self incrimination.  Many people thinik they can talk their way out of being arrested, but generally just end up incriminating themselves and confirming the law enforcement theory or ruining their credibility by not being “completely” honest.   There are cases where cooperation and making a statement may be appropriate, however, most of the time it is better to just request an attorney before answering any questions.  The officers should terminate questioning if you request an attorney.  You do not know what they know and any false statement can undermine the truth and hurt your defense.  The remedy for a violation of Miranda is to keep out any incriminating statements you made unless you testify differently, then it may come in.  It does not require the case be dismissed. Many cases there is sufficient evidence to convict without your statements.

It is important to talk with an attorney concerning your rights and your case before simply making statements.  Call Christoph Law Offices @ 760-670-3885 for a free consultation.  We have been defending Criminal and DUI cases across from Vista California Courts for over 30 years and can provide the highest level of legal ability and profeesional representation to help get the best possible resolution of your case.



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