Miranda Rights

Many people believe that they can “beat the case” if the officer doesn’t read them their Miranda rights during an arrest. This is a myth.

The only time an officer must read a person his or her Miranda rights is when: (1) the person has been placed under arrest, AND (2) the officer is about to question the person about a crime. For example, if you’re placed under arrest after consenting to a search request and confessing to ownership of found contraband, police do not need to read you your rights unless they want to question you about an unrelated crime.

The courts have made clear that police do not have to tell you about your right to refuse searches. Also, despite the myth to the contrary, an officer does not need to get your consent in writing; oral consent is completely valid.

The Magic Words

If you’re arrested, don’t rely on police to inform you of your right to remain silent and see a lawyer. Use the magic words "I’m going to remain silent. I would like to see a lawyer." If police persist in questioning you, repeat the magic words.

My lawyers nam, address and telephone number are on this card. He has advised me not to talk to anyone and not to answer any questions about any pending case or any other criminal matter. Following his advice, I do not wish to talk to anyone about criminal matter without my lawyer present. I waive no legal rights, nor give any consents, not submit to any test or other proceedures without my lawyer present. I choose not to perform any tests tha twill allegedly dispel any sispicions you have intil I have spoken to my lawyer. I ask that no one question or talk to me without my lawyer here to advise me. I do not wishe to answer any questions. Please call my lawyer immediately.

Remember that anything you say can and will be used against you in court. So don’t try to talk yourself out of the situation, and don’t make small talk with police either.