Your right to remain silent and to have an attorney present. Your so-called "Miranda Rights"... The most important thing to remember anytime there is any chance at all that you may charged with a criminal offense is your absolute constitutional right to:
1) Remain Silent and "Not Incriminate Yourself" 2) To have an attorney present during any questioning.
You should always use these absolute rights and you should never talk to the police or anyone else if there is any chance of a criminal charge against you.
Everyone in the United States retains these Rights 24 hours a day, 7 days a week, 52 weeks a year... All the time. Your so-called "Miranda Warnings" are when the police are supposed to advise you of your right to remain silent and your right to have an attorney present during questioning.
If you know about your rights, you will not make any statements, whether the cops "Read you your Rights" or not!
The goal of the police is to get you to talk, to get you to make statements, to obtain information with which to convict you. Anytime you start to talk you are probably making a big mistake.
"Miranda" has been so watered-down over the recent years that the police can use most any statement you make against you. Whether or not you have been "Mirandized".
One good way to advise the police (or anyone else) who seeks to question you is to say: "I would feel a lot better if I talk to my attorney before saying anything... may I please call him. I'm not making any statements until I do."
The cops may try to talk you out of using your constitutional rights. They may tell you that Miranda doesn't apply or that you are not a suspect... Don't fall for this!
You are the one that gets to decide whether your constitutional rights apply... No one can tell you otherwise. Once you decide to remain silent there won't even be any further discussion about the cop's opinion that you should talk.
"I see dozens of cases every year which could never be proved by the prosecution... except that the defendant decided to talk. Placing the hangman's noose around his own neck!"
