The laws defining crimes and procedures in New York are complicated…
Each Friday, we will post a #fridayfacts…
This week’s refresher: Miranda Rights.
Fifth Amendment: you cannot be compelled to be a witness against yourself. Translation: you have the right to remain silent. Police must advise you of this before custodial interrogation (since 1966). Real life is less dramatic than TV—officers may be casual, offer a soda, and call the warning “a formality.” Once you hear “you have the right to remain silent,” you’re likely in custody.
From then on, anything you say can and will be used against you. In our experience, clients never get in more trouble for keeping quiet.
To stop questioning, request an attorney clearly and unambiguously. Once you do, all questioning must stop—even if you don’t already have a lawyer.
Sample Miranda: “You have the right to remain silent… Do you wish to speak to me?”