More than likely you ARE GOING TO JAIL. It doesn’t matter what you say or don’t say. LEO are not the bad guys. Their job is to collect evidence. If you talk at all at the scene it won’t make any difference. It is proven that after a DCI you could/will have missing memories, timeline memories and even false memories. This isn’t your fault it’s just how the internal parts of your brain work. You CANT avoid this.
So, don’t say anything other than what is on your membership card. “I want to cooperate 100% but must have my lawyer present”
The more you talk the more deeper you go. Also, Miranda rights only apply if they arrest you. Anything you say is record. And you cant plead the “they didnt give me my Miranda rights” if they didnt arrest you.
There are cases where you have to arrest a person and not read them there Miranda rights and LEO will not be in trouble; such as riots and mayhem. Good examples. I’m not an attorney but from what I understand Miranda is used before interrogation of the person arrested. Anything a person says to law enforcement on the scene can incriminate them, these are called spontaneous utterances. Maybe @MikeBKY can tell me if I am correct or not.
I am not a lawyer and do not play one on TV and did not stay at Holiday Inn Express… but I have watched Law and Order a lot…
When the police arrive, even if they take you to the station, you may not be under arrest. If they detain you, and refuse to allow you to leave, you might be considered under arrest, but most cooperate so leaving is not really an option.
Once they officially arrest you, and you are not free to leave, you must have your rights read to you and they must ask if you understand them.
In some cases, if you are detained and they refuse to allow you to leave, you are under arrest and Miranda Rights must be read and if not, can be held against the police and then you have a mess as arguments over what was said when start to happen… if it was before being detained and technically under arrest and have not had your rights read to you…
Just a basic understanding but MikeBKY or another lawyer would know more and I await their reply or will read further and see if they have.
Thanks for posting that rebuttal. I saw the one he was rebutting. It’s hard for the layman to understand the best course. Using a risk / reward comparison makes it easier for me. Stick to narrow answers on your card and get a hold of your attorney.
The police can and will use anything you say against you BEFORE you are arrested… Miranda doesn’t apply until you are arrested. Keep in mind, also that those with you can and will be questioned, also. It is a very good idea to inform your family/friends to remain silent as well… until your lawyer has given permission… and yes, the police WILL threaten family and friends to get what they want.
That is what I said. They do not need to mirandize you until they arrest you, and anything said before that is open season… and anything you say after is open season… the issue is when they detain you, refuse to let you leave, and are technically under arrest, but not mirandized.
Law enforcement must inform a person of their Miranda rights before a custodial interrogation. This means that you only need to Mirandize when you are going to ask someone questions that are testimonial and that they are in actual custody or constructive custody.
If you are not asking questions, even if arresting, Miranda does not apply.
If you are sitting alone with them in their kitchen it is probably not custodial and Miranda does not apply.
If some willingly meets you at the police station, Miranda probably does not apply.
If you are suiting in their kitchen and swat is guarding all the doors, Miranda probably applies.
The key to custody is whether a reasonable person would feel that they are free to leave.
I told more than one detainee after they started talking they they had the right to remain silent so shut the (expletive) up.
When you call after a self-defense incident, our Critical Response Team will take the very basic information – where you are type information – and arrange for one of the Critical Response Team attorneys to be in contact with you ASAP.
If you look at the list of attorneys in our Attorney Network you’ll see the Critical Response Team icon next to the attorneys who have said they will be available 24/7 for the immediate aftermath of a USCCA Member whose had a self-defense incident. (One from the screen capture below is not in the Critical Response Team for calls 24/7.)
You can then continue on with that attorney (if their caseload allows) or choose a different attorney to work with for the rest of your case.
I was able to attend one of USCCA’s in person FREE Legal Seminars, “Navigating The Law After A Self-Defense Incident”. Please do not let the long drive deter you, please do make time for it, and arrive early. I found it very informative, humbling, and enjoyable being among fellow students. To access these seminars, click on the main page, when you see your Dashboard, look atop for “events”, and click on “events”.
