Miranda Rights - Supreme Court ruling in Miranda v. Arizona, 384 U.S. 436 (1966).

You have the right to remain silent. If you say anything, what you say can be used against you in a court of law. You have the right to consult with a lawyer and have that lawyer present during any questioning. If you cannot afford a lawyer, one will be appointed for you if you so desire. If you choose to talk to the police officer, you have the right to stop the interview at any time.

These rights apply only when you are in a custodial interrogation. Custody doesn’t necessarily mean jail. Custody means when a person’s liberty is substantially impaired. The test is whether the person was free to leave or whether a reasonable person would have felt free to leave when questioned by law enforcement. If an ordinary person would not feel free to leave, the police must read their rights. Pre-Miranda questioning will likely be admissible and is a tactic used by police to gather additional evidence against you to use at trial, or in many instances to simply create probable cause to garner your arrest. This pre-custodial interrogation will generally begin with “we are here to help you” or “if you just tell us what happened we can hopefully get you on your way or make it better for you”. It is imperative to remember your right to remain silent and that your silence cannot be used against you.

The Fifth Amendment to the U.S. Constitution guarantees the right of silence. The right of silence means that unless a police officer has “probable cause” to make an arrest or a “reasonable suspicion” to conduct a “stop and frisk,” a person approached by the police officer has the legal right to refuse to answer questions.

The police are not seeking the truth; they are building a case. Police officers and prosecutors will interpret anything you say or do as evidence of a crime, even an inadvertent expression, blink, or sign of nervousness. The right to remain silent does not protect a person who gives a false name or other incorrect information to the police. You can stay silent, but lying to the police is a crime in Michigan. The best thing to do is decline to answer questions without a lawyer present.

Police will often request you sign a Miranda waiver after informing you of your rights. Police DO NOT need to read you your rights during a temporary detention or voluntary questioning. This includes, but is not limited to, routine traffic stops or initial OWI (i.e. DUI) investigations.

If your rights are violated it does not necessarily mean your case would be thrown out as the police may still use other information gathered. However, your statements would likely be inadmissible as evidence against you at trial. The prosecution can still proceed without the defendant’s statement if the government has enough evidence to proceed to trial.

Do not speak to police or answer questions while under arrest, even if you’ve been given Miranda Rights. Demand that your lawyer be present during questioning.

Suspects unwittingly reveal information prosecutors use as evidence of their guilt. People often agree to cooperate with police questioning because they believe they are innocent or think it would look suspicious if they remained silent. Many criminal cases in Michigan would otherwise be dismissed but for the defendant speaking to police. The police have a job to do, they are looking to build a case. We have yet to see a case where talking to the police worked out for the defendant. This includes those cases where the defendant was innocent but still had to defend themself to frivolous charges. Some of those cases needed to proceed all the way to trial just to have a jury vindicate the defendant with NOT GUILTY verdicts, costing the defendant time, stress and money. Always invoke your rights, including your right to remain silent.

Call BOUCHER LAW, PLLC for a free consultation, and we will help you determine if the police violated your rights.

We serve clients all over the State of Michigan, including the counties of Arenac, Bay, Clare, Genesee, Gladwin, Huron, Iosco, Isabella, Midland, Ogemaw, Oscoda, Roscommon, Saginaw and Tuscola.

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