Over 40 years ago, our Supreme Court handed down the landmark decision of Miranda v. Arizona. In that decision, the high Court set forth the “Miranda Rights” that must be read by the police prior to interrogating an individual who is in custody. Even though the Miranda rights have become inextricable woven into the culture of our society through movies and television shows, many people when actually confronted by the police are quick to forfeit their right to remain silent and – often to their own detriment – provide a statement to the police. As a former prosecutor and a criminal defense attorney who has handled over 1,500 cases, I am still astounded by the number of cases I see where my client could very easily have avoided an arrest or conviction by simply keeping their mouth shut. The vast majority of these individuals waived their Miranda rights for one of two reasons: they either thought (a) that they could “talk their way out” of being arrested or (b) believed it would “make them look guilty” if the exercised their right to remain silent. There is seldom, if ever, a good reason to speak to the police if you are being investigated and these two rationales are no exception. It is important to understand that very often, the police have already decided in their head whether you will be charged or arrested before they even begin to question you. If the decision to arrest you has already been made, chances are there is nothing you can say to avoid arrest and if you attempt to “talk your way out of it,” you’ll probably only dig a deeper hole for yourself. Moreover, the decision to remain silent is a constitutionally protected right that the police themselves commonly invoke when they are subject to an internal investigation or shooting review. You enjoy the same constitutional protections the police have and should not be timid about exercising them. Facing criminal charges in Arizona? Contact the Davidson Criminal Defense & DUI Law Firm, PLC today.
