California Criminal Lawyer Blog

Most people know that sinking feeling of seeing a bright red light shining in the rear view mirror but unless you're a criminal defense lawyer you will likely not know or at least not reflect much on those constitutional rights you are entitled to at the time you're contacted by the police. Because we believe that its always best to be informed we decided to list out your rights and at the same time your responsibilities when encountering local, state or federal law enforcement. In this series we will examine your rights and responsibilities from a criminal defense perspective as well as from a law enforcement perspective. While some rights and responsibilities are commons sense, others will surprise you.

1st Right: You have the right to say absolutely nothing.

If you've ever watched a police television show or even a police action movie, you probably heard a police officer recite the "Miranda rights" to someone in handcuffs. The most memorable part of the Miranda rights is the first sentence. Yet no matter how many times people are exposed to that first sentence, they often tend to forget it or ignore it in situations where it really matters: You have the right to remain silent!

The police hope that you forget or ignore that right and that you provide a statement. They often go to great lengths to obtain such statement. You may even be asked: "If you're really innocent, why don't you want to talk? We just want to hear your side of the story." The only reason the police want to hear your side of the story is so that they can turn around and use it against you in court. Hence the second Miranda warning sentence: "Anything you say can and will be used against you in a court of law." And no, unfortunately its not considered hearsay. Reality is that rarely will your statement clear you. Most often, in the absence of a defense attorney, police officers will hope to get as much information out of you as possible. Inevitably and naturally your statement to the police will vary in minor detail from one you may give later to other officer or to a jury of your peers on the stand at a trial. The prosecutor will take full advantage of that, painting you as a person who is twisting the truth. In fact, one of the prosecutor's favorite questions to ask on cross examination when faced with differing statements is: "Mr. Defendant, I noticed that your statements were not exactly the same, were you lying when you gave the statement to the police, or are you lying now in front of the jury?"

While a good criminal defense attorney can hopefully explain the natural difference in two statements, the best advice is not to give a statement to law enforcement. If a statement was given to the police or other law enforcement and you were subsequently arrested, all is not lost. Do not provide additional statements to law enforcement. Better yet, do not speak with anyone about your case before you speak with a defense attorney.

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