Theft Defense Attorneys Understand When Police Are Not Required to Read the Miranda Warning

by | Apr 3, 2017 | Lawyers and Law Firms

Recent Articles

Categories

Archives

A person who has been charged with theft and arrested may hope that the charge will be dropped or the case dismissed if the officer did not state the Miranda warning. Most people have seen some type of police show on TV or a movie in which the officers read or recite this short statement. Theft Defense Attorneys cannot use this particular point in every case, however. It depends on the arrest circumstances.

The statement informs suspects that they have the right to professional legal representation even if they cannot afford it. They can have a lawyer with them during any type of official questioning. The statement also warns suspects that if they provide any self-incriminating information, that information may be used against them. They have the right to refuse to answer any questions.

What many people don’t realize is that the list of Miranda rights is intended to protect suspects not only during an arrest but during an interrogation. If the police do not question the suspect, they do not have to read the warning. The officers may have no reason to ask questions of this person, especially if they are relatively certain they are arresting the right individual. Theft Defense Attorneys must learn whether any interrogation was attempted before they know if this is a valid method for helping the client.

There’s another aspect to consider. The person could legally be questioned if he or she was not taken into custody at the time. The Miranda warning applies when someone is being deprived of the freedom to at least some extent. Police officers can ask questions of someone outside of a custody situation, although the individual still is not required to respond. The best strategy is to be courteous and cooperative, but to avoid answering questions without a lawyer present.

Regulations that address custody, arrest and methods of obtaining evidence are complicated. It’s impossible to learn all the information from watching TV and movies. A person who has been charged with theft needs the assistance of a skilled lawyer with a firm such as Addair Thurston Chtd. Visit the website  to schedule an appointment. You can also watch video on their YouTube channel.

Related Articles