Miranda Rights and Custodial Interrogation
A criminal defense lawyer is also interested in the circumstances that surrounded any custodial interrogation. When it comes to possession with intent cases, especially cocaine cases, police detectives will usually try to question the defendant. Such interrogation can occur after arrest or in some cases, before an arrest is made. The timing of such questioning is of extreme importance to a criminal defense lawyer because it may effect when and if your Constitutional rights were implicated.
If the police believe a defendant has the ability to work as a confidential informant, they will almost always try to question him/her. This is usually done after the police have busted the person so that he/she has an incentive to cooperate. From a detective’s point of view, the only thing better than busting a drug dealer is busting two drug dealers.
However, such questioning may implicate a person’s Constitutional rights.
The Constitution guarantees the right to a lawyer
and the right to remain silent to every person.
Unlike other countries, a person cannot be compelled to act as a witness against him/herself. This includes making any statement that can be used as evidence against that person at a later date.
For this reason, the law requires police officers to advise a person of his/her right to remain silent and their right to counsel under certain conditions.
Your right to a remain silent and your right to a lawyer
are triggered when the police try to question you in custody.
The definition of custody can be tricky. When a police officer walks up to you on the street, such encounters are note considered to be custodial. Rather, this is called a consensual encounter. In theory, a person in such circumstances is permitted to leave at any moment. In reality, we all know this isn’t true, but on paper the idea is different.
However, once a person has been arrested or are being detained in a jail or a police station, it is clear that they are in custody. Under such circumstances, police absolutely must read a person their rights. Failure to do so, creates a great opportunity for a criminal defense lawyer.
When the police either fail to read a person their rights or fail to read them their rights correctly, any statements made by the defendant may become inadmissible in court. Additionally, if a person initially decides to speak to police without a lawyer present, but then changes his/her mind, police must immediately stop the custodial interrogation. Otherwise, any statements made after the defendant requests a lawyer or expresses a desire to stop the questioning becomes inadmissible in court.