Police officers are required to use a specific protocol when placing a suspect under arrest, including stating the official charge. This is typically the point in an apprehension where the officer also informs the apprehended suspect of their legal rights, most notably the right to remain silent and the right to one free phone call. The problem is that officers are often so zealous about making an arrest that they commonly skip the “reading” of rights for defendants, also know as being “Mirandized” in compliance with U.S.Supreme Court precedent. And, when officers fail to inform, it will require a Round Rock criminal defense lawyer from Jackson Law Firm to defend your case regarding the Miranda failure fact.
More seasoned officers may use a different approach, but it could easily result in a Miranda failure when an arrest involves an interrogation immediately before the arrest. This is technically an investigation, albeit a short investigation. Before placing the suspect under official arrest, the officer will ask a series of questions or conduct a field sobriety test. All questions asked will assuredly be to the benefit of the officer when they are looking for a reason to arrest someone, which is very common in a profiling situation. The officer clearly intends to use any information gathered against the suspect, but the requirement for reading rights applies primarily to defendants following a formal arrest.
What this means is that a failure to read rights can also include the officer’s predisposition to arrest a suspect for any legal technicality they can find by not informing the suspect before the arrest that the information will be used against them. Communicating the right to remain silent is commonly excluded in an investigation. The problem is that many police officers also use intimidation and force during the process, as well as deceit in some instances. While any suspect must give truthful information to the officer or potentially face a charge, the officer can use deceptive questioning as they wish if they think they can gain more information that would indicate criminal activity.
Always remember when being questioned by the police never to offer any incriminating information and ask for legal representation immediately when being arrested is imminent. Then call Round Rock criminal defense lawyer Jackson Law Firm as soon as possible for a case evaluation.
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