What Is A Custodial Interrogation Requiring A Miranda Warning?

Mon, 21 Apr 2008 21:27:21 GMT

An interrogation is a method of police questioning that occurs when an individual is in custody and is not free to leave. In a police interrogation, the police ask questions or make statements that encourage the individual being questioned to disclose important and incriminating information that might help them in their investigation and help the prosecutor in charging the individual with a crime. In order for statements made by a suspect curing a custodial interrogation to be used against them in court, the police must have already advised the suspect of his or her Miranda rights and the suspect must knowingly and voluntarily waive those rights.

Can I have my juvenile records expunged?

Mon, 03 Aug 2009 02:21:28 GMT

Most states seal, expunge, or otherwise destroy juvenile records once the juvenile offender reaches a certain age, which is usually the age of adulthood. In some states, juvenile records are required to be expunged, and thus, they are automatically expunged. In other states, however, juvenile records are simply sealed from public view, but can still be accessed by law enforcement and/or court officials for certain limited purposes.

Do The Police Have To Wait Until I Have An Attorney Present Before They Question Me?

Tue, 22 Apr 2008 20:09:05 GMT

No. It is legal for the police to question you without the presence of an attorney or warning you of your Miranda rights (notifying you of your rights to silence and to have an attorney present during questioning) so long as the questioning is merely investigatory and you believe that you are free to go and you have not been formally charged. Even if you are arrested, there is no requirement that you have an attorney present before answering police questions. A suspect is free to waive his or her Miranda rights and voluntarily speak to the police without an attorney present. However, once you ask for an attorney, the police, under the 6th Amendment of the United States Constitution are prohibited from asking you any additional questions until your attorney is present.

How Do I Know If I Am In Custody?

Thu, 27 Dec 2007 12:15:00 GMT

Once your Miranda rights (“you have the right to an attorney, anything you say can and will be used against you, etc…”) have been read to you, you are formally in custody and you are not free to go.

How Do I Know The Difference Between Being Questioned (Non-Custodial Interrogation) And Being Interrogated (Custodial Interrogation)?

Mon, 21 Apr 2008 21:45:30 GMT

If you feel you are free to go, you are present of your own free will and you have not been charged, you are probably being questioned in a non-custodial environment.

On the other hand, if you have been arrested, or if you have been detained and do not feel you are free to leave, or you have been given your Miranda rights, you are likely considered to be legally in police custody and therefore being interrogated.

Any statements you make during a custodial interrogation can be used against you as long as the police have read you your Miranda rights and you have waived the right to keep silent or have an attorney present. However, statements you make in response to non-custodial police questioning can still be used against you if the Miranda warning hasn't been given because Miranda rights only attach to custodial interrogations.

I Was Pulled Over For A Traffic Violation And Questioned. Isnt This An Illegal Interrogation?

Mon, 21 Apr 2008 21:46:32 GMT

Police questioning during a routine traffic stop is not usually considered to be an "illegal interrogation." An illegal interrogation is when the police conduct a custodial interrogation without having first informed the suspect of his or her Miranda rights (the right to remain silent, the right to have an attorney present during the questioning, etc.).

Even though you are "detained" by the police during a routine traffic stop, and not free to go, the detention is brief and the encounter occurs in public. The Supreme Court has ruled that this kind of detention does not amount to a custodial interrogation to which Miranda rights attach.

If I have a record expunged, do I have to disclose it to anyone in the future?

Mon, 03 Aug 2009 02:25:08 GMT

While expungement effectively erases your criminal record, leaving you free to withhold its existence, there are still some circumstances in which you may have to disclose the record that was expunged. For instance, if you were running for public office or applying to become a licensed professional in some fields, you may be required to disclose arrests and/or crimes with which you were charged, even if the records have since been expunged.

Is Invoking My Right To Remain Silent The Same Thing As Asking For An Attorney?

Thu, 29 May 2008 00:16:26 GMT

No. A criminal suspect's Miranda rights include being told they have the right to remain silent and the right to an attorney. However, these are two separate rights and you must invoke both of them for both to be effective. If you tell the police you do not want to talk, they must stop questioning you. But if you only tell the police you do not want to talk they are not required to provide you with an attorney or ensure that you acquire an attorney on your own. If you tell the police you want an attorney the police must then stop questioning you until you have an attorney present. Do not ask the police if they think you need an attorney. The police have no requirement to tell you, and simply asking if you should have an attorney does not invoke your right to one, the police may continue questioning you. To ensure that all of your rights are protected invoke your explicit right to an attorney.

What Are The Miranda Rights?

Wed, 28 May 2008 23:41:00 GMT

Also known as the Miranda Rule or the Miranda Warning, when you are arrested in the U.S.A, police officers must warn you that you have the right to remain silent, that any thing you say could be used against you in a court of law, that you have the right to contact a lawyer and that if you cannot afford a lawyer, that one will be provided before any questioning if so desired. Failure to issue the Miranda warning renders evidence so obtained to not be admissible in the court. The warning became a national police requirement when ordered by the US Supreme Court in the 1966 case Miranda v. Arizona and that is how it got the name.

What Do My Miranda Rights Protect Against During A Police Investigation?

Mon, 21 Apr 2008 20:56:55 GMT

In addition to advising you of your Miranda rights upon arrest, the arresting authorities must respect your Miranda rights throughout an investigation. Once a defendant invokes the right to counsel, all custodial interrogations must cease until defendant's attorney is present. For example, you cannot legally be required or forced by a law enforcement officer or anyone else to talk, answer questions, or sign any papers without your attorney present. If you are forced to give incriminating information due to threats, persistent questioning or other means of coercion, you can prevent its use against you in court. However, if the officer simply neglects to inform you of your Miranda rights, but does not otherwise engage in threats, persistent questioning or other means of coercion, whatever information you volunteer to the police could still potentially be used against you in court.

What Happens If I Am Arrested?

Mon, 09 Jun 2008 20:45:38 GMT

After you have been arrested, there are certain timeframes and procedures that the prosecution and the court must follow. Usually, the police will advise you of your Miranda rights (the right to remain silent, to have an attorney present during questioning, etc.) at the time of the arrest. Once you are taken into custody, no statements can be used against you unless the police have read you your Miranda rights.

If you are arrested for breaking a law, the case is taken before a magistrate who may issue a warrant if necessary and set a bond for an appearance in court. If the defendant cannot post the bond he may be incarcerated pending an appearance in court. If bond is posted, he will remain free pending appearance at the arraignment.

An arraignment usually occurs within 24 hours of the arrest or the first date available if on a weekend or holiday. The arraignment is held before a judge. During the arraignment the defendant is formally told what offense he is charged with, advised of their constitutional rights, and of the possible penalties. The defendant will enter a plea of guilty or not guilty and the bond may be reviewed and a date for the next hearing will be scheduled.

What are the chances of having a criminal record expunged?

Mon, 03 Aug 2009 02:18:12 GMT

It depends on your state’s law. In many states, it is up to the judge’s discretion whether to grant your expungement request. Some factors that might lead to a denial of your expungement request include a lengthy history of criminal acts since the time of the arrest or court proceedings that you are seeking to have expunged, your status as a sex offender, pending criminal charges, the fact that you have had a prior criminal record expunged, or the fact that not enough time has passed since the criminal record to qualify for expungement.

What are the requirements for having a criminal record expunged?

Mon, 03 Aug 2009 02:15:00 GMT

While the exact requirements for expungement vary from state to state, there are some expungement requirements that are commonly found in state expungement laws. In many states, a certain period of time must have passed since the date of the criminal record that you are seeking to have expunged. Some other common conditions for expungement might be that your criminal charges led to an acquittal or dismissal or that your arrest did not lead to any charges being filed. Often, states require that you have had no other arrests or criminal convictions since the date of the criminal record that you wish to have expunged.

What is Assault?

Thu, 11 Dec 2008 22:27:25 GMT

Assault is defined as the threat of immediate physical harm. No actual physical touching is necessary, and in fact if there is a touching the act is no longer classified as assault but as battery. The threat must be of immediate harm, therefore a threat to do future harm will not be considered assault. An example of assault would be saying to someone “I’m going to punch you in the face” while waiving your fist in the air. However, telling someone “Later, Im going to find you and punch you in the face” is not considered assault because it is not an immediate threat.

What is expungement?

Mon, 03 Aug 2009 02:06:41 GMT

Expungement is the legal process by which a person’s criminal record can be destroyed or sealed from public disclosure. Every state has different definitions of expungement, and different rules and procedures for getting certain records expunged. Furthermore, the type of criminal records that can be expunged, and the extent to which they can be expunged, varies widely from state to state.

What sort of records can be expunged?

Mon, 03 Aug 2009 02:11:03 GMT

Generally, any sort of legal records relating to an arrest, questioning, imprisonment, or court proceeding can be expunged. This includes records from the police department, the sheriff’s office, any jail or detention center, or any court. As a practical matter, however, only certain types of records are subject to expungement, which depends on your state’s laws.

When Must The Police Read Me My Miranda Rights?

Mon, 21 Apr 2008 20:54:17 GMT

The Miranda warning is usually given when a person is arrested. However, the Miranda Rights attach during any “custodial interrogation” (when a person is substantially deprived of their freedom and not free to leave) even if the suspect hasn't been formally arrested. However, the police do not have to advise you of your Miranda rights before asking any question. If a person is not in police custody, no Miranda warning is required and anything the person says can be used at trial if the person is later charged with a crime. This exception most often comes up when the police stop someone on the street to question him or her about a recent crime or the person blurts out a confession before the police have an opportunity to deliver the warning. If a person believes that he or she is a potential suspect in a crime, then it may be wise to politely decline to answer questions, at least until after consulting an attorney.

Where Do The Miranda Rights Come From?

Fri, 16 May 2008 15:32:43 GMT

The Miranda rights come from the Supreme Court’s interpretation of the 5th Amendment rule against self incrimination. In 1966, the U.S. Supreme Court decided the historic case of Miranda v. Arizona, declaring that whenever a person is taken into police custody, before being questioned he or she must be told of the Fifth Amendment right not to make any self-incriminating statements. The court also took into consideration an individual’s Sixth Amendment right to an attorney at every critical stage of the criminal process.

The Supreme Court in the Miranda case did not specify the exact wording to be used when informing a suspect of his or her rights. However, the Court did create a set of guidelines which must be followed. The ruling states:

“The person in custody must, prior to interrogation, be clearly informed that he or she has the right to remain silent, and that anything the person says may be used against that person in court; the person must be clearly informed that he or she has the right to consult with an attorney and to have that attorney present during questioning, and that, if he or she is indigent, an attorney will be provided at no cost to represent him or her.”

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