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How to Protect Yourself By Asserting Your Miranda Rights | Jake Brower, Attorney At Law |Criminal Lawyer | Criminal Defense |DUI Defense Attorney |Felony Arrests |3-Strike Cases |Santa Ana, Orange County, CA

Criminal Law

  • How to Protect Yourself By Asserting Your Miranda Rights

    Posted Jun 4th, 2012 By in Criminal Law, Interrogation Process, Miranda Rights With | Comments Off on How to Protect Yourself By Asserting Your Miranda Rights

    The Daily Appellate Report shares a case about a juvenile’s repeated requests to speak with his mother during post-Miranda waiver interview and how it was perceived as not being a clear assertion of Miranda rights under the circumstances of the case.

    In Davis v. United States (1994) 512 U.S. 452 (Davis) the U.S. Supreme Court held that “once a suspect has waived his Miranda rights, any subsequent assertion of the right to counsel must be articulated sufficiently clearly that a reasonable officer in the circumstances would understand the statement to be a request for an attorney.”

    When it comes to this specific case, the 15-year old defendant waived his Miranda rights at first. Based on his clear waiver, investigators initiated the interrogation process.  Three hours into the process, the defendant requested on multiple occasions to reach out to his mother by phone. After multiple unsuccessful attempts to talk to his mother, the defendant was able to speak to his brother and some family members who advised him to not take a polygraph test.

    Investigators continued the interrogation and provided defendant with few minutes of alone time to write down his thoughts and the facts on what happened. Defendant requested alone time and the opportunity to wait for his family members to arrive. Investigators told defendant that they were :real tired” of his playing games and provided him with another opportunity to say what happened in his own words.

    Was the defendant really playing games or was he simply making a postwaiver invocation of his Miranda rights by asking several times to speak to his mother and to wait for his family to arrive?

    The trial court determined that a “reasonable officer would not have understood defendant to be clearly and unequivocally asserting his Miranda rights when he asked to speak to his mother, or when he indicated his relatives didn’t want him to take a polygraph test without first speaking to his mother or a lawyer, or when he made references to being alone.” As a result, investigators weren’t obligated to halt the interrogation process at any point.

    When experiencing similar situation, the first step should be to always assert your Miranda rights and reach out to a lawyer immediately.  If you happen to have experienced similar situation or if you have any questions on how to tackle similar issues, feel free to reach out to me today directly at 714-547-4000 for free consultation.

    Jake Brower
    Defense Attorney of Orange County
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Jake Brower Criminal Defense Attorney, DUI Lawyer, Felony Arrests, 3-Strike Cases, Criminal Law, Drunk Driving Lawyer, Los Angeles, Orange, Anaheim, Corona del Mar, Costa Mesa, Irvine, Huntington Beach, Long Beach, Mission Viejo, Aliso Viejo, Lake Forest, Rancho Santa Margarita,Santa Ana, Newport Beach, Newport Coast, Laguna Beach, Laguna Niguel, Riverside, San Diego, Ventura, Beverly Hills, Hollywood,Oceanside, San Clemente, Carlsbad, Dana Point, Seal Beach, Long Beach, 1043 Civic Center Drive West, #200, Santa Ana CA 92703