This blog has already covered a few of the most common questions people ask their San Diego DUI lawyers, but so far, it hasn’t covered general questions that apply to most defendants. Here are a few common questions asked by those accused of a crime.
The police asked me to come down to the station and explain my side of the story, should I do it?
Not without your San Diego criminal attorney present. Police often rely on a suspect’s lack of knowledge about the law in order to get a confession. This is why you should always speak to your San Diego defense lawyer as soon as you are accused of this crime.
I wasn’t read my Miranda Rights when I spoke to the police. Doesn’t that mean what I said is inadmissible in court?
Miranda warnings only have to be read if a suspect is under arrest and questioned. If the police do not question you after arrest, they do not need to Mirandize you. During the police investigation, the police can ask you questions without a Miranda warning so long as you are free to leave.
I am innocent. Should I take a lie detector test to prove my case?
No. In most cases, evidence from lie detectors can only be admitted to the court as evidence if both parties agree to admit the results. Generally speaking, if it helps your defense, the prosecution will not admit it and if it helps the prosecution, your San Diego criminal lawyer will not admit it.
If you’re wondering why police even ask you to take a lie detector then, the answer is simple: it is yet again another way to get you to confess to something. Even if the test results aren’t admissible in court, what you say during the test is.
Should I just refuse to say anything to the police then?
Yes and no. You should not make any statements to the police without your lawyer present to advise you. That being said, the Supreme Court has determined that simply staying silent altogether can be used as a sign of guilt. Instead, you must state that you are invoking your right to remain silent under the Fifth Amendment to the US Constitution. After stating that, ask for the name and phone number of the police officer you are speaking with and tell him your attorney will call him back. Then hang up and give your San Diego criminal lawyer the information.
I know I’m guilty and I plan to confess. Do I still need a San Diego defense lawyer?
Yes. A lawyer can do a lot more than just defend someone’s innocence. An attorney can ensure that your rights are not violated during the investigation or the trial. He or she can also ensure that if you work out a plea bargain that you get the best possible deal and, if the case still goes to trial, he or she can urge the judge to be lenient in sentencing.
If you are accused of any type of criminal act, San Diego defense lawyer Peter M. Liss can help. Call (760) 643-4050 or (858) 486-3024 at any time of the day or night to schedule a free consultation.
Creative Commons Image by Andreanna Moya