The Supreme Court of the United States has recently ruled that criminal defendants who suffer violations of their Miranda rights and are acquitted cannot sue police who violated their rights. While this does not eradicate Miranda protections, it does mean that those who are acquitted of alleged crimes cannot get financial compensation for any harms they suffered as a result of Miranda violations. This decision is considered by advocates to be a major setback in holding the police accountable for violating the rights of criminal defendants.
Under the Fifth Amendment of the United States Constitution, every U.S. citizen has the fundamental right against self-incrimination (or, as it is more commonly known, the right to remain silent). However, protecting your right to remain silent is not as easy as it sounds, and law enforcement has a number of tricks to convince you to talk even when you do not need to. Here are some important tips you should know about protecting your right to remain silent:
Plenty of people have heard of the right to remain silent in the context of American criminal law. Despite it being common knowledge, however, not everyone understands it, or what its implications are. So what exactly is the right to remain silent, and what happens if someone violates that right? Continue reading “What is the Right to Remain Silent?”
“You have the right to remain silent. Anything you say can and will be used against you. You have the right to an attorney. If you cannot afford an attorney, one will be provided to you by the court at no cost.” These are the famous Miranda rights, which almost everyone has heard of through popular media. But why do the police read you your Miranda rights when you get arrested, and what happens if they do not? Continue reading “Understanding Your Miranda Rights”
Being pulled over by the police is always a stressful event, even if you don’t believe you’ve done anything wrong. You know, at the very least, that you’re likely going to have an intimidating conversation, may wind up with a ticket, and are very likely to be late to wherever you’re trying to go. However, if you keep these five things in mind, you can minimize the harm a police stop can do.
Try to stay calm.
Remaining calm at a police stop isn’t just a good idea from a mental health perspective. It will also help you to maintain perspective and stop from acting rashly. Moreover, the more nervous you act, the more it may incentivize a police officer to escalate the stop to a search or seizure, so the less jittery you can seem, the better your odds of walking away with minimal consequences.
Don’t feel obligated to answer police questions.
While the 5th Amendment right against self-incrimination (the “right to remain silent”) doesn’t apply if you’re not in police custody, you’re still not legally obligated to answer a police officer’s questions. Thus, if you believe an answer to a police officer’s question is more likely to cause harm than good, you can simply say you don’t want to answer their question. At that point, the officer may need to choose between escalating or letting you go, but at the very least you’re not providing additional evidence that may be used against you.
You may not be able to stop a police search.
Under normal circumstances, the police cannot search a person’s property without a warrant backed by probable cause. However, under the so-called “automobile exception” to the 4th Amendment, a police officer can conduct a search of a motor vehicle without a warrant, so long as they have probable cause to believe the vehicle contains evidence of a crime. This means that stopping a search of your car may be nearly impossible, so don’t get too upset if the police decide to start rooting through your car at a traffic stop.
You can refuse a breathalyzer, at a price.
Technically speaking, you don’t need to submit to a breathalyzer test at a traffic stop if you don’t want to. However, by law, anyone who refuses a breathalyzer test at a traffic stop automatically forfeits their driver’s license. So, if you don’t want to take the breathalyzer, you can refuse, but you may not be able to legally drive again for at least a year.
You can ask to call a lawyer.
Just like in any other situation where you find yourself confronted by the police and at risk of arrest, you can call your lawyer to help you at a traffic stop, if you can get in contact with a lawyer in a reasonable time period. That said, the police aren’t obligated to wait around for your attorney to show up, nor do they have an obligation to wait while you search for a lawyer to call. Thus, if you can’t get your attorney on the line right away, the next place you’ll likely have a chance to talk to them is at the police station.
If you are placed under arrest, remember to exercise your right to an attorney and get legal representation as soon as possible. A Suffolk County criminal defense lawyer, who is experienced in handling criminal cases of all sorts, can advise you of your legal rights and will fight for your best interests in court. If you or your loved one has been arrested, contact the Central Islip criminal defense attorneys at McGuire, Peláez and Bennett at (631) 348-1702.
If you have ever watched a law enforcement-based program on TV, like Law and Order or NCIS, chances are you’ve heard of the Miranda warning, and Miranda rights. You may even be able to recite them from memory. But why is it so important for police officers to tell suspects their Miranda rights, and what happens if an arresting officer fails to do so? Continue reading “What is the Miranda Warning?”