The Constitution’s right to remain silent under the 5th Amendment is important when examining charges of Robbery, Sexual Assault, or Theft in Weld County courts. This right to remain silent stems from a part of the amendment, where it is written that “no person shall be . . . compelled in any criminal case to be a witness against himself.” We often equate this right with the Miranda case, where a police advisement requirement was born – known as “The Miranda Advisement.”
What is the Miranda Advisement and How Does it Affect the Average Criminal Case?
The Miranda Advisement reads: “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me?”
This advisement or warning, was designed to alert persons arrested by police that they have important rights which can be impacted if they chose to speak with police. If it is not properly given by police, whatever you say cannot be used against you at trial. Note that the case will not be dismissed against you, nor are the statements you make completely hidden away.
Who is Smarter? You or the Greeley Police?
Police are smarter than most people charged with crimes. They have training and experience in getting people to answer questions – people who think they have “nothing to hide.” Officers have another advantage: the people they are talking to are often under arrest. No one knows where they are, they can’t call someone, and they are not free to leave. All this gives police a great psychological advantage when questioning persons charged with a crime. The Miranda advisement seeks to move the knowledge and power balance in the defendant’s direction.
Prerequisites to the Need for Police to Give the Miranda Advisement
Did you know that there are 2 prerequisites before police must give someone the Miranda Advisement? The first is that the person being questioned must be “in custody.” We often equate this to being under arrest. So, if an officer walks up to you on the street or in a building and starts questioning you, he does not have to provide you with the Miranda Advisement. The second prerequisite is that police interrogation must be present. If you are riding in the back of a police car, and you are talking to the officer about football on your way to jail, and you make a voluntary statement which is not in response to an officer’s question, no Miranda Advisement is necessary. Police are free to use your voluntary statement against you at trial.
Do You Really Have Nothing to Hide from the Greeley Police?
When the Greeley Police start to question you about crimes like Assault, Sexual Exploitation of a Child, Burglary, or any other crime in Weld County, “Don’t open your mouth.” Police often say: “if you did nothing wrong, you have nothing to hide.” The problem is that law enforcement officers already have their minds made up that you are guilty, and are looking to get you to say things to use against you at your trial. They are not investigating with an open mind, but with great prejudice against you. Officers stop looking for the real offender and concentrate on how they can prove you are the guilty person. Imagine the damage answering these questions can cause: “were you just defending yourself when you pushed your girlfriend?” “Did she push you first?” “What did she do before you had physical contact with her?” “Is it fair to say she started the fight?” “You were not trying to hurt her, were you?” When you speak, police only write down the things that are harmful to you. From these questions, cops would write down that you admitted you pushed her, that you grabbed her, and that you fought with her. As crazy as it seems, favorable things a suspect says to police are often excluded as evidence in court. You can’t win if you speak to police. And yes, you have a lot to hide – every word is dangerous.