![]() ![]() Despite the knowledge that “this call is being recorded”, they talk about their involvement to loved ones on prison phones. ![]() Unfortunately, the incarcerated can’t seem to help themselves. And, every defendant should exercise that right and shut up. Once arrested, every criminal defendant has a 5 th Amendment constitutional right to remain silent. I don’t want you giving your ‘side of the story.’” I can tell a jury your side of the story in my closing after cross-examining the prosecution’s witnesses and possibly presenting defense witnesses. And, when I ask if they ever gave a statement to detectives, their answer is, “No, they never gave me a chance to tell my side of the story.” My response, “Good. ![]() So many clients tell me that their rights were violated because they were never read their Miranda warnings. This almost always happens at the police station following your arrest if/when you’re taken up to a detective bureau. A detective only needs to provide you with Miranda warnings if you’re in custody and he is seeking to interrogate or question you about a crime. Most people watch too much TV and think that a cop must read them their Miranda rights upon arrest as they’re carefully guiding your head into the police cruiser. I’ve essentially never seen a situation where a defendant helped himself by providing a statement. Don’t talk to police at the scene of your arrest, don’t provide detectives with an oral or written statement following your arrest, don’t talk to other inmates on your block, and most importantly, don’t talk on prison phones to anyone about your case. You’re only making the case against you stronger for the prosecution. Below are five of the biggest errors that I repeatedly come across: 5. But, some cause significantly more harm to their case than others. Criminal defendants can make a bunch of mistakes between the commission of crime and trial. ![]()
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