Tag Archives: miranda

The police didn’t read me my rights! Now what? Miranda and the law

What happens if the police didn’t read you your rights?  Can your entire case be thrown out or dismissed?   Please click to play audio (approximately 4 minutes):     Transcript of audio:   Hi – it’s Orange County defense attorney Joe Dane.   Today, I’m going to talk about one of the most frequent […]

Miranda rights – How to keep your mouth shut (part 3 in a series)

In the first two parts of this series, I’ve discussed the law of the Miranda rights and when the Miranda rights apply.  Now, it’s time to talk about how to invoke your rights if you choose not to talk… and you probably shouldn’t as we’ll discuss in part 4).   Who can invoke your rights? […]

Miranda rights and questioning: when it applies – part 2 of a series

In part one, I discussed what the law of the 1966 Miranda decision requires when a person is being questioned by police.  In this part, I’ll explain when the police are even required to read your rights. First – Custody The whole decision of the Miranda case dealt with custodial interrogation.  That means that the police are […]

Miranda and making a statement to police – Part 1 of a series

Miranda rights in criminal cases   This is the first part of a series I decided to write regarding the Miranda rights and talking with the police… or more importantly, NOT talking to them.   First, the law of Miranda: In 1966, the United States Supreme Court decided the now-famous Miranda decision (384 U.S. 436). […]

Should you talk to the police?

I still get this question all the time – “If I’m completely innocent, why shouldn’t I make a statement to the police?” I’ve written before about calling a detective back and the risks there. But what about answering questions in person if you’re contacted during an investigation?  Should you talk to the police if you […]