September 1st, 2010
The United States Supreme Court has recently taken action to restrict the now famous “miranda criminal warnings“. The Supreme Court rulings will have a significant impact on police procedures since police will be given more lee-way in the questioning of suspects.
The Miranda warnings are as follows:
“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to speak to an attorney. If you cannot afford an attorney, one will be appointed for you. Do you understand these rights as they have been read to you?”
While the Miranda warnings have not been eliminated, the Supreme Court has greatly reduced the Miranda rights over the cours of the past year.
Under the court’s ruling, if you ask to have an attorney present during questioning, this request is only valid for 14 days (two weeks). After that time period, police can question you without violating your constitutional rights.
Furthermore, the court’s ruling also requires that suspects must verbally tell the police if they are going to remain quiet (if they are going to invoke their “right to remain silent“) and stop interrogation.
If you are a criminal suspect and you are arrested today, you must say to the officer, “I wish to remain silent”. If the suspect does not advise police that he or she wishes to remain silent, the police may now consider this to be a waiver of his or her Miranda rights. Legal experts feel that the court’s rulings will make it easier for police to get confessions from individuals who do not want to confess.
Should you be arrested, charged with a crime, or be the subject of a criminal investigation, it is important that you contact experienced aggressive criminal attorneys. Feel free to call the law offices of Elliot S. Schlissel at 1-800-344-6431, or by email.