Miranda Warnings
An area of confusion for many Tacoma, Washington and surrounding area clients who have been arrested and charged with a crime has to do with “Miranda” warnings. Therefore, as a service to the Tacoma, Washington and surrounding area Drunk Driving criminal defense clients and prospective clients, attorney John T. Doherty offers answers to the following frequently asked questions:
- What is a Miranda warning?
- If I am not under arrest, do I have to answer a police officer’s questions?
- Must a police officer always advise a person of their Miranda rights before
asking a question? - If I am in custody, how do I assert my right to remain silent?
- Can I waive my Miranda rights?
A Miranda warning advises individuals of their constitutional right to remain silent and of their right to not answer any questions. A Miranda warning also advises individuals of their right to have a lawyer present before answering any questions.
If I am not under arrest, do I have to answer a police officer’s questions?
No. Unless you are placed under arrest you are free to leave at any time. However, if a police officer stops you while you are walking, and asks you for identification, it is probably in your best interest to provide such information. The courts have allowed police officers to detain people for extended periods of time in an effort to determine the identity of the individual.
EXAMPLE: Tommy is walking down the street and approached by Officer Doright. Officer Doright begins to question Tommy about a bank robbery that happened a few days ago. The conversation looks like this:
Officer Doright: Hey, excuse me; I would like to ask you a few questions.
Tommy: Umm, ok, what is this about?
Officer Doright: I’m investigating a robbery that happened a few days ago, I thought that you might be able to give me some information.
Tommy: I just got back in town today from Europe; I really don’t think that I can help.
Officer Doright: You say you just got back, that’s interesting because you fit the description of the robber that the bank teller provided.
Tommy: Excuse me Officer, am I under arrest?
Officer Doright: Umm, well no, but if you have something that you would like to say about the robbery, I promise to help you out.
Tommy: No thank you Officer. Tommy then continues with his walk home from the airport.
Must a police officer always advise a person of their Miranda rights before
asking a question?
No. The Miranda warning is only in effect during a custodial interrogation. This means that the individual being questioned is in actual custody or in an environment in which a reasonable person would not believe that he or she is free to leave.
For example: Officer Jones is investigating a robbery at the local supermarket. The cashier indicates that a customer named Mary Smith may have seen the robber. When Officer Jones interviews Mary, they are standing at the exit of the supermarket. During the interview, Mary makes incriminating statements regarding her participation in the robbery. Can Mary’s statements be used against her later, even though she was not read her Miranda warning? The answer is probably yes, because Mary was not in custody when she was being asked the questions. Therefore, Mary was free to leave if she wanted to.
If I am in custody, how do I assert my right to remain silent?
A suspect who has been arrested need only say “I want to speak with a lawyer” or “I have nothing to say now.” If the police continue to question the suspect, the police have likely violated the suspect’s 5th Amendment rights. Anything that the suspect says after the violation will usually be inadmissible as evidence in court.
Can I waive my Miranda rights?
Yes. If you have been arrested in Washington and you have been advised of your right to remain silent and of your right to speak to an attorney, then anything that you say after can and most likely will be used against you in court.
But the police officer said that if I talked, he would help me out.
This is something police officers always say. Police officers have no control over what happens to you after you have been arrested. The determination of what you will be charged with, how your case will progress and how you will be sentenced if found guilty, is up to the local, state or federal prosecutor handling your case, possibly a jury and the trial judge. Accordingly, if you are arrested and accused of a crime, it is best not to talk with anyone other than your criminal defense lawyer, otherwise, your case may be more difficult to defend. It is almost always easier for a criminal defense lawyer to defend a case when the person charged with a crime has not given a statement to the police. Before you talk with anyone, call Drunk Driving criminal defense lawyer John T. Doherty.
If you or someone you know in Tacoma, Washington or anywhere within the surrounding Counties of South King, Pierce, Thurston or Kitsap has been arrested or charged with Drunk Driving and needs the assistance of an experienced Washington Drunk Driving criminal defense lawyer, then contact Drunk Driving criminal defense Attorney John T. Doherty at 888-554-0128 or via his convenient contact form.