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This is a warning given by law enforcement to a criminal suspect in police custody, or custodial situation, prior to being questioned by the officers. A custodial situation is one where a person’s freedom of movement is restrained and a reasonable person would not feel free to leave the situation. Some times officers will indicate to the suspect that he is not under arrest and he or she is free to go. However, they frequently follow that statement with we would like to ask you some questions.

Any questioning that happens where the suspect is free to leave could be considered voluntary and therefore admissible in court. After an arrest or when the suspect is in custody, the police must read the Miranda rights to the suspect before any questioning can be used in court. A voluntary statement may also be used in court, and the police aren’t required to give the warnings, as long as the officers do not elicit any incriminating responses through the questioning.

There are many times, that the most incriminating evidence to a crime is the defendant’s statement. So in most instances, it would be preferable to the attorney who subsequently represents you, that the suspect not say anything to the officers other than what is required, namely your name, date of birth and address and if you are on probation or parole.

A good thing to keep in mind, is that generally a persons invocation of their rights including the right to remain silent cannot be used against them in court. So the prosecutor cannot say in court, “If the defendant did not do the crime, why didn’t he say so?” It is usually always better to speak to an Southern California defense attorney first prior to speaking with an officer who is investigating you for a crime.

If you or a loved one is facing a any criminal charges, contact the criminal defense attorneys at Wallin and Klarich. We at Wallin and Klarich have many years of experience successfully defending people charged with all types of crimes. We will work to aggressively defend you by investigating all aspects of your case. We will work to ensure that your rights are protected and that you clearly understand the legal process. The attorneys at Wallin & Klarich can be reached by phone at 1-877-230-1529 or through our website at www.wklaw.com. We will be there when you call.

This entry was posted on Thursday, July 22nd, 2010 at 11:56 am and is filed under Criminal Defense. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.