Questions About Miranda Rights Answered

Most of us are familiar with the opening lines of the Miranda Rights statement from watching the cop and criminal lawyer shows on television. "You have the right to remain silent," and so on. However, that is where most people's familiarity with the Miranda rights ends. Today we have criminal lawyers answer six common questions about this well-known statement.

When do the police have to read Miranda Rights?

A person suspected of a crime must be read their Miranda Rights prior to a custodial interrogation -- that is, a questioning session at the police premises. This means that:

• If the police feel they have enough information to make an arrest after a non-custodial questioning session, they can make the arrest without reading Miranda Rights.
• If you are just answering question in your home or on the street, but have been told you are free to leave, police don't need to give the Miranda speech.

Can what I say be used against me in court if police didn’t read me my Miranda rights?

If the statements were made voluntarily, it is usually admissible in court. You don't have to say anything -- but if you do, it is admissible.

Won’t my silence be used against me anyway?

If you have been read your rights, remaining silent cannot be used against you in court. However, if you have not been read your rights and remain tight-lipped from the moment police ask you a question, it can be argued that your silence (prior to being read your rights) indicates that you knew the police were going to arrest you, and implies guilt.

How do I avoid this conundrum?

Try to prompt the police person's reading of your rights, by saying something like "I have heard that I should always talk to an attorney before talking to the police, is that true?" The police should read you your rights at that point, and any silence from then on cannot be used against you in court.

Will I be treated worse by police if they think I am guilty?

No, you should not be. Many people are worried about the police thinking they are guilty - they shouldn’t be. The only people that your appearance of guilt or innocence should natter to are judges and a jury if applicable. Always request a criminal lawyer before answering police questions - getting legal advice should never be seen as a bad idea.

Reduced Criminal Penalties for Corporations on the Way?

Our penalty and sentencing guidelines are constantly under review, as the number of offenders in a particular crime changes, as governmental focus changes, and as the prisons fill, and them empty again. It seems that in the area of white collar crime, criminal attorneys may soon be seeing lighter penalties for corporations -- however, it is unclear what will happen to individuals.

The prompt -- Arthur Anderson

One of the most prominent and high profile cases that seems to have contributed to this shift in sentencing guidelines is the collapse of Arthur Andersen LLP. The company was convicted of destroying evidence in 2002, and subsequently went out of business. However, in terms of the judgement's impact on people, it was mostly innocents who bore the brunt of this verdict. Thousands of jobs were lost when the company went out of business, and this is neither socially or economically desirable.

Enter the Sentencing Commission

The role of the Sentencing Commission is to advise judges on the expected penalties for certain types of crimes, and also to provide minimum and maximum limitations on sentencing. Watching the Sentencing Commission's publications lets criminal lawyers advise their clients on the possible penalties for their crime. A recent 78-page report included a proposal to reduce the liability of a company for its employees engaging in criminal behaviour.

However…

The company must have programs already in place to combat white collar crime, and generally the compliance officer for the programs must have access to the board of directors for a company, or other equivalent body for smaller companies. The company must also be the ones to report the misconduct to the authorities, which would clearly indicate that it has no part in the alleged activities.

Fort Lauderdale criminal attorneys are supporting the proposal -- it certainly seems to work towards a more just penalty system in our country.