Miranda and Your Criminal Defense Case
Much is made of Miranda warnings on television shows and films. However, what is suggested in fictional fare is generally only partially true. From the outset you should let your Sacramento criminal defense attorney know if you were not administered your rights. The following should give you a clearer idea of what Miranda entails.The Warnings Explained
Miranda warnings must be administered before a defendant is formally placed in custody and questioned. They are:
- You have a right to remain silent.
- Any statement you make can and will be used in court a court of law as evidence against you.
- You have the right to counsel, and to have him present during questioning.
- If you are unable to afford counsel, you have the right to have one appointed without cost prior to questioning.
Any statement that is obtained before these warnings are given to you is inadmissible in court. You can be assured that your Sacramento criminal defense attorney will fight to have any such statement excluded if this is the case.Miranda and Custody
Miranda warnings relate to interrogation while you are in custody. Just what custody entails can be rather complex, even though the determination is not subjectively based on the officer’s intent. You do not need to be Mirandized before arrest, however; you simply must be given the warnings before being interrogated while in custody. If you have been handcuffed, it is reasonable to say you have been taken into custody, even if for a short period of time.
Interrogation involves any actions or words by police that are meant to draw you to respond with details about the case. Courts often use as a rule of thumb the reasonable perception of the defendant; in other words, if you believe you are being interrogated, you are.
If criminal charges are pending against you, it is vital that you have a Sacramento criminal defense attorney in your corner right away. Call Param Pabla for a consultation today. The number is (916) 285-7900.