What happens if the police make an arrest and fail to “read you your rights”?
Many people believe that if the police do not read them their Miranda rights, then the arrest and charges will not stick and that they will get off or otherwise prevail. Unfortunately, despite the dramatization by Hollywood to the contrary, this is usually not the case.
Do the Police Have to Read You Your Rights?
The simple answer to this question is no, the police are not required to read you your rights in every situation. However, if they do not and then detain or arrest you for questioning, any statements you make under those circumstances cannot be used against you. Likewise, any evidence obtained as a result of your statements (e.g. a statement that “the gun used in the murder is under the passenger seat” which leads to the discovery of the murder weapon – gun) will generally not be admissible as evidence against you at trial.
What are my rights?
As relates to Miranda warnings, your right is a constitutional right against self incrimination, which derives from the 5th Amendment. The Miranda (a US Supreme Court case) interpretation of the 5th Amendment right against self incrimination requires that before the police arrest or detain a criminal suspect and proceed with any questioning, the suspect must be informed in specific terms (a la Hollywood movies) of his/her right to not speak and to have a lawyer present for any questioning. Thus, if you are detained or arrested and then make statements or answer questions that are being used to incriminate you, without being read your rights, only in these limited circumstances will the police failure to “read you your rights” possibly help your case.
A Failure to Read Miranda Warnings Will Not Necessarily Be a Defense
Because the Miranda warnings are solely meant to inform a criminal suspect of their rights against self incrimination, if Miranda warnings are not given, then any evidence obtained as a result of this failure to warn will be inadmissible. However, in many cases, criminal charges are based upon evidence other than a suspect’s own statements during questioning, after an arrest or detention. Typically, by the time an arrest is made, there is already mounting evidence against the suspect to independently sustain and possibly prove the charges brought. Thus, if questioning occurs after an arrest and without proper Miranda warnings, it is still possible that there is sufficient evidence to prosecute the crime, even without any self-incriminating statements by the defendant. In many cases, particularly where an officer witnesses criminal conduct, there is no need for and accordingly no questioning following a detention or arrest. In such a case, there is no statement and thus no self incrimination and thus a failure to provide Miranda warnings has absolutely no bearing on the charges or possible outcome.
If you have questions about an arrest and criminal charges that you are facing, please do not hesitate to contact us to learn more about your rights and defenses available to you, particular to the circumstances of your case. Visit us at WV Criminal Lawyers and contact us to set up a free consultation to discuss your case.
West Virginia University and Morgantown, WV saw an influx of 30,000 or so students, as the 2012-2013 WVU school year gets underway. It is always an exciting time around Morgantown, as most businesses, the city and the University are bustling with activity and commerce. It is also an anxious and exciting time for students, some of whom have left the confines and patriarchal control of their parents home for the first time. As this freedom meets with ample opportunities to explore this great city of Morgantown, WV, we at Adams Legal Group, PLLC hope that most of the new students find constructive outlets for this freedom and to burn off the stress and anxiety of all of the new challenges faced under these conditions.
Unfortunately, the reality sometimes becomes that some students take this new freedom and find opportunities for anxiety- and stress-relief in drinking and partying, instead of burning it off through a good long hike up at Coopers’ Rock in this gorgeous late-Summer & Fall weather. As WVU students bustled into Morgantown WV last weekend, unfortunately the WVU police, the Morgantown City police and the Monongalia County Sheriffs office was confronted with a bustle of activity and arrests. Hundreds of arrests have been made in the past week, already, mostly for public intoxication, obstruction, underage drinking, DUIs, and possession charges. While it is great to be social and find different outlets for social engagement and stress relief, we urge students to exercise prudence in moderating their behavior within legal limits. Keep Morgantown safe for you, your fellow students, and all the members of this great city – don’t drink and drive, moderate your drinking within reasonable limits, be respectful of establishments, other patrons and law enforcement.
IF you are one of the unfortunate WVU students to find yourself in trouble with law enforcement and charged with one of the above offenses – we at Adams Legal Group, PLLC can help! CALL US TODAY for your free consultation at (304) 381-2166 or visit us at Morgantown Criminal Lawyers for WVU Students
On Chick-fil-A, Same-Sex Marriage, Intolerance and Bigotry is an article discussing the issues of the past few weeks surrounding Dan Cathy, the owner of Chick-fil-A, and his statements that he believed in the traditional religious definition of marriage and the wave of protests contra and in support of Mr. Cathy and Chick-fil-A. This article includes a discussion of the definitions of “intolerance” and “bigot” as applied to both sides of the current situation and urges a more civil discussion of the real issue at hand.
Easter weekend is typically one of the heaviest travel weekends of the year, which unfortunately also means that is is one of the times of the year with high vehicle accident rates. As you prepare to travel for the weekend, be alert for distracted, tired and hurried drivers. As we are all aware, drivers are increasingly using cell phones as they drive for talking and texting. This holiday weekend presents ample opportunity and cause for such communications as drivers are traveling to visit with family, friends and loved ones. Moreover, as drivers anticipate taking an extra day or two off from work over this weekend to accommodate their travels and visits with family, undoubtedly many are fatigued or exhausted, which condition may be exacerbated, if you find yourself traveling during later hours of the day and night. Return travel after a weekend of festivities, activities, stimulation and food, leads to similarly fatigued drivers at the conclusion of the holiday weekend. Likewise, many drivers are also anxious to get on with their weekend travels and may create unsafe driving conditions by hurrying to get to their destinations.
Keep all of the above in mind, as you hit the roads this weekend – be mindful that you may be sharing the road with a higher number of drivers than usual and that many of them may be distracted, exhausted and/or in a rush. Be extra vigilant in maintaining safe speeds, maintaining a proper lookout around you, and be alert to other drivers on the road. Take these extra precautions and don’t be one of the distracted, hurried or exhausted drivers contributing to the higher-than-normal accident rates on this holiday weekend. Use your phones, if you must, in hands-free mode; rest up before your travel, and take amble rest breaks to keep alert. Arriving at your destination and returning in one piece is far more important than hurrying to get where you’re going and risking a car accident along the way.
Have a blessed and happy Easter weekend!
I recently received an email with a link to an article pertaining to employers current hiring and interviewing practice of requesting that prospective hires provide their Facebook user name and password. The original article can be found by clicking on this link – Can Employers Legally Ask You for Your Facebook Password When You Apply for a Job? Why Congress and the States Should Prohibit This Practice. As the title indicates, this article concerns itself with what legislators and courts can do and are doing about this questionable employment hiring practice.
The question remains however, what is a prospective employee to do if confronted by a prospective employer in this manner?
As an employment law attorney, I recently addressed this issue, in an article captioned Facebook Privacy – A Prospective Employer’s Request For Your Log-in Info?. The essence of my recommendation to those on the job market is that, until the law is settled on this issue, it is best that you be prepared for this type of request, with a professional and dignified response. Please check out my article for a more detailed assessment of this issue.
In conclusion, this is a very interesting topic, from both a legislative and an employment standpoint, and I am eager to read any relevant comments, anecdotes and ultimately to see how this landscape evolves over time.
I simply do not understand the enormous kerfuffle about some, what I would call, “insensitive” remarks by Rush Limbaugh about Sandra Fluke. What is more perplexing is how the ill-thought-out attempt by him at humor, satire or critical analysis (whatever you wish to call it) is being extrapolated by the media as an indication that conservatives are waging a war on women. Rush Limbaugh is NOT the voice of all conservatives. Nor is his satire and commentary, which is for entertainment purposes much more than purporting to be “news,” representative of the firm political doctrine or dogma of the “right,” as the media and pundits on the left seem to imply. Frankly, I personally rarely listen to him, as much of his commentary is silly satire and dumbed down for mass consumption.
Limbaugh’s “commentary” is simply that – the personal opinions and commentary of an entertainer, reflecting his own personal brand. Frankly, I think it is ridiculous that he was forced to apologize, by his PR, the media, politicians, etc. for comments that were clearly satiric and sarcastic, but aimed at causing his listeners to undertake a small amount of critical thinking about the issues addressed by Ms. Fluke. Just as Mr. Limbaugh is merely an entertainment “personality”, so to is Mr. Louis C.K. a purported entertainer. He similarly attempts comedy by commenting on political figures, such as his attacks on Sarah Palin. If you have not heard his commentary on Palin, you can listen to a segment (*WARNING – very foul language*)here, which includes the 30-60 second clip of his comments followed by some additional commentary from the Youtuber who posted it (no endorsement intended or implied). However, the media and politicians did not clamor for apologies from the entertainer for his far more graphic and derogatory, if not out-right disgusting comments about a woman politician. Nor did the media reach even further to extrapolate out some “larger issue” of women-hating by liberals or liberals war against mentally disabled children, or anything of the sort. Bill Maher has similarly made exceedingly derogatory and foul comments about Ms. Palin, which only came to light now, because of the equivalency pointed out as backlash to the media’s double standard.
Listening to Ms. Fluke’s comments in the first place, she entreats that women, or more specifically in her case, law-school students are entitled to thousands of dollars of birth control annually, for recreational purposes, to be provided for free by the government using our tax dollars.
As a conservative, I will not call Ms. Fluke the foul name associated with loose morals, but I will suggest that law-school students or anyone else for that matter, male or female, are not entitled to government (tax-dollar) provided birth control for recreational purposes. With choices come responsibility. If a person chooses to engage in sexual relations, that is their choice and with that choice comes the risk of pregnancy, disease, etc. In making such decisions, one must be accountable for their own choices. Why must the government designate our tax dollars to fund the promiscuity of young college women who wish to have recreational sex? This is not a case of conservatives waging a war against women – it is another instance of conservatives suggesting that people should accept responsibility for their own choices. It is not an instance of preventing women’s access to healthcare, as the media has construed it. Clearly the medicinal use of birth control for more legitimate medical (as opposed to purely recreational) purposes, was not what Ms. Fluke was seeking in her address, nor was it the target of conservative reaction.
Summing it all up – conservative principles demand that people take responsibility for their own choices and actions. The conservative objection to the government using our tax dollars to provide birth control to women for purely recreational purposes is not morally equivalent (or even remotely similar) to preventing access to healthcare for women. Moreover, the phony and hyperbolic outrage of the media and liberal pundits over Limbaugh’s off-color sarcastic comments calling a woman, who wants the government to pay for her recreational sex, a promiscuous woman, should be gauged in the light of the utter silence over similar derogatory comments by liberal entertainers about women (e.g. Bill Maher, Louis C.K., et al.).
Any criminal defense attorneys in WV who accept appointments, understands the joy (*tongue in cheek*) of completing the Defense Counsel Voucher Forms provided by the West Virginia Public Defender Service. Unfortunately, the forms provided on their website are not very useful, in the sense of not being terribly user friendly. If you have fought through the frustration of filling out the forms, and have not found the time or resources to modify their forms for your own law firm’s use, then you may find our newest resource that we posted to our website useful. Please check our our easy to use, fillable West Virginia Criminal Defense Counsel Voucher Form.
We took the “Order Approving Payment of Appointed Counsel Fees & Expenses” form and converted it to a fillable PDF form, which allows you to easily tab through all of the form fields necessary to complete the form. Next, we took the portion of the Voucher form for your Itemized Statement of Legal Services, and added more functionality to that portion. Please click the link above to visit this valuable resource for appointed criminal defense counsel in the State of WV for more information.
Morgantown, WV residents are already starting to notice the impacts on our roadways, as a result of the funeral procession for Monongalia County deputy sheriff Sgt. Michael T. May; however, this is a time to reflect on a terrible loss and to remember a fallen officer
Morgantown’s geography (and possibly planning or lack thereof, which is a subject for a later date) has yielded notoriously constrained roadways. Anyone who has found themselves on the Mileground at 5:00 on a Friday, or trying to get anywhere on a WVU football game day knows that of which I speak. Today’s traffic woes are aggravated by a bridge construction project, which has shut down the old Cheat Road for months, blocking one of only two reasonable alternate routes to get to Cheat Lake from the more Westerly parts of Morgantown. I-68 is the only remaining “reasonable” path open to travel between those points, and that route has seen many delays over the past few months on account of accidents and additional highway projects in the area (the latter arguably a result of poor planning). Nonetheless, closures of I-68 at a time when the old Cheat Road is also closed causes major bottlenecks or an absurdity in logistically getting where you need to go.
So today as the funeral procession for Sgt. May plans to block I-68 Westbound traffic beginning at 1:00p.m. on a Friday afternoon, Morgantown residents face a major problem.
Untimely Death of Monongalia County Deputy Sheriff, Sargent May
However, these traffic woes are merely a temporary inconvenience, and as they impact on you and those you know, this offers a good opportunity to reflect — Sargent May was killed on Saturday after a high-speed chase, concluding with a reportedly incapacitated driver (alcohol and prescription drugs have been reported) violently colliding with May’s vehicle. Sgt. May was a well respected officer by all accounts, and his untimely death is indeed very tragic. Sargent May was killed as a result of the alleged recklessness of Jerod Green – who is being charged with murder of a law enforcement officer, criminal homicide, DUI/DWI and other related crimes in causing May’s death. The accounts of what transpired prior to and during the chase are simply astounding, and if proven true would reflect indifference and recklessness of a high degree. However, as you contemplate May’s death and the allegations surrounding Mr. Green’s actions, a deeper reflection is warranted on the multitude of decisions that Green would have had to make prior to the final grizzly and deadly crash.
Please drink responsibly and do not drink and drive. Think ahead if you may be drinking. Plan on having a designated driver or on staying put if you will be drinking. Very strictly limit what, when and where you drink, and the safest bet if you drink at all is to simply not drive. Drinking impairs your judgement, response time, sensory functioning, motor control and your memory, which all impact on your ability to make wise decisions after drinking and your ability to competently drive and handle a vehicle. (Check out this article for more on the Biological Impacts Of Alcohol Use.)
Condolences to Sargent May’s Family & Loved Ones
With this, I offer my condolences to the family and friends of Sargent May at a very tragic loss, and hope that as Morgantown travelers sit in traffic today, that we can each offer up a moment of silence, as we contemplate the loss and our choices to drink responsibly.
Author William S. Adams is a Morgantown wrongful death attorney. If you or a loved one were injured or killed in a car accident as a result of someone’s negligence or intoxication, please call us to discuss your legal case.