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Greg Gilson, attorney, serving clients in Painesville, Mentor,
Willoughby, Chardon, Geneva, Euclid, Lyndhurst, Cleveland, Ohio and
including Lake County, Geauga County, Ashtabula County, Cuyahoga
County. Criminal defense, dui ovi and drunk driving defense, divorce, custody, child
support lawyer, domestic violence, personal injury lawyer, medical
malpractice, wrongful death, nursing home neglect, accidents, drug,
theft, robbery, murder, embezzlement, and more.
Gregory M. Gilson, Esq. - caring,... aggressive... on
your side since 1972 |
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Criminal Defense Frequently Asked
Questions
When do the police need a warrant
to make an arrest?
As long as the police have good reason (called "probable cause") to
believe that a crime has been committed and that the person they
want to arrest committed the crime, they can, with just one
exception, make an arrest without asking a judge for a warrant.
The exception? There are few places where the adage "a man's home is
his castle" still applies, and an arrest at home is one of them. The
police must have a warrant to arrest a person at home if the arrest
is for a non-serious offense -- such as a simple assault -- and
there is no fear that the person they want to arrest will destroy
evidence or cause harm to the public.
If I'm arrested, do the
police have to "read me my rights"?
No. However, if they start questioning you but haven't read you your
rights, they can't use anything you say as direct evidence against
you at trial.
What are these rights?
Popularly known as the Miranda warning (ordered by the U.S. Supreme
Court in Miranda v. Arizona), your rights consist of the familiar
litany invoked by TV police immediately upon arresting a suspect:
You
have the right to remain silent.
If you do say anything, what you say can be used against you in
a court of law.
You have the right to consult with a lawyer and have that lawyer
present during any questioning.
If you cannot afford a lawyer, one will be appointed for you if
you so desire.
If you choose to talk to the police officer, you have the right
to stop the interview at any time. (This part of the warning is
usually omitted from the screenplay.)
It doesn't matter whether an interrogation occurs in a jail or
at the scene of a crime, on a busy downtown street, or in the
middle of an open field: If you are in custody (deprived of your
freedom of action in any significant way), the police must give
a Miranda warning if they want to question you and use your
answers as direct evidence at trial. If you are not in police
custody, however, no Miranda warning is required. This exception
most often comes up when the police stop someone on the street
for questioning about a recent crime and the person blurts out a
confession before the police have an opportunity to deliver the
warning.
Will a
judge dismiss my case if I was questioned without a Miranda warning?
No. Many people mistakenly believe that a case will be thrown out of
court if the police fail to give Miranda warnings to the arrested
person. What Miranda actually says is that a warning is necessary if
the police interrogate a suspect and want to use any of her
responses as evidence. If the police fail to give you a Miranda
warning, nothing you say in response to the questioning can be used
as evidence to convict you. In addition, under the "fruit of the
poisonous tree" rule, if the police find evidence as a result of an
interrogation that violates the Miranda rule, that evidence is also
inadmissible at trial. For example, if you tell the police where a
weapon is hidden and it turns out that you gave this information in
response to improper questioning, the police will not be able to use
the weapon as evidence unless the police can prove that they would
have found the weapon without your statements.
DISCLAIMER: This site and any
information contained herein are intended for informational purposes
only and should not be construed as legal advice. Seek competent
legal counsel for advice on any legal matter.
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