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Your Miranda Rights When Questioned for a Crime in Sacramento
Your Miranda Rights When Questioned for a Crime in Sacramento
Getting arrested and questioned by police can be scary. You may not know what your rights are or what to do. That’s why it’s important to understand your Miranda rights in Sacramento.
The Miranda warning comes from a 1966 Supreme Court case called Miranda v. Arizona. The Court ruled that police must inform suspects of their rights before questioning them. This is to protect your Fifth Amendment right not to incriminate yourself.
What Are Your Miranda Rights?
When police arrest and question you, they must first read you your Miranda rights. This tells you:
- You have the right to remain silent
- Anything you say can and will be used against you in court
- You have the right to talk to a lawyer before being questioned and have them present during questioning
- If you cannot afford a lawyer, one will be appointed to represent you before questioning
Police must explain these rights in a language you understand. They cannot question you until you fully understand your rights. If they don’t read you your rights, your statements may get thrown out of court.
When Do Police Have To Read You Your Rights?
Police must read you the Miranda warning when both of these apply:
- You are in police custody
- Police want to interrogate you
You are in custody if your freedom of movement is restricted – like if you’re handcuffed or in a police station. Police don’t have to Mirandize you during basic on-scene questions or routine traffic stops.
Interrogation is express questioning or actions likely to get an incriminating response. If police just make small talk or chat, Miranda may not apply. But its best to invoke your rights whenever dealing with police.
Should You Talk to Police?
You always have the right to remain silent. In Sacramento, it’s usually best not to answer police questions if you’re a suspect. Anything you say can be used against you, even if you’re innocent.
Police are allowed to lie and pretend they have evidence they don’t really have. They may try to get you to contradict yourself or confess. Don’t fall for it!
Politely state, “I am invoking my right to remain silent.” Then say nothing else until you consult a lawyer. Don’t argue, resist, or run away – that can lead to added charges.
Your Right to an Attorney
You have the right to talk to a lawyer before police can interrogate you. Just say you want to speak to a lawyer. Police must then stop asking questions until your attorney arrives.
Never talk to police without your lawyer present. Be firm and say you won’t answer anything without your attorney. Police might still try to get information out of you.
If you can’t afford a lawyer, one will be appointed for you for free. Sacramento has public defender and legal aid offices to help. Police must stop questioning you until they get you a lawyer.
Waiving Your Rights
You can waive your Miranda rights and agree to speak to police without a lawyer present. But this is usually a bad idea.
Police may ask you to sign a waiver giving up your rights. Never sign it! This can hurt your case later on. If you already spoke to police, your lawyer can argue you didn’t understand or properly waive your rights.
Violations of Your Rights
If police don’t read your Miranda rights or violate them, tell your lawyer. They can file a motion to suppress any statements you made during questioning.
If the judge agrees your rights were violated, your statements will get thrown out. They cannot be used against you in court. This can really help your case!
Other Police Encounters
Miranda warnings only apply when you are in custody and under interrogation. But other police encounters have risks too:
- Traffic stops: Police only need reasonable suspicion to stop you. Give your ID if required and proof of insurance/registration. But don’t consent to any searches!
- Terry stops: Police can briefly detain you on reasonable suspicion of a crime. Give your name if asked, then say you don’t consent to further questions.
- Knock and talks: Police might knock on your door to ask questions or gain consent to search. You don’t have to answer or let them inside your home.
Politely decline to answer questions or refuse consent to any police requests. Don’t resist officers or act suspicious. Just invoke your rights!
Getting Legal Help
Dealing with police and the criminal justice system can be overwhelming. Having an experienced criminal defense lawyer is crucial.
Never try to handle your case alone. Sacramento defense attorneys can protect your rights. They know how to get charges reduced or dismissed when your rights are violated.
A good lawyer will also negotiate with prosecutors on your behalf. They can often get charges dropped or reduced, or work out a favorable plea bargain.
Don’t take chances with your future. Hire a criminal defense attorney you trust. Look for someone experienced with Sacramento courts and prosecutors. Interview a few lawyers before choosing one.
With an attorney guiding you, you can get through the legal process smoothly. Know your Miranda rights and use them to your advantage. This will put you in the best position to fight your charges in Sacramento.