HELP!!! I have a "Miranda" question.

[Raven]

A friend of mine was asked to sign a Miranda statement today by the Chief of Police in her town. When she asked what the investigation was about, he would not tell her.

My question is, is a Miranda waiver valid if the person doesn't know what they are being accused of or what the criminal investigation is about? Is there such a thing as a blanket Miranda waiver or waiving your Article 5 rights as to everything?

[ejpoeta]

1. i thought you had a right to know what you were being charged with.

was your friend under arrest?? i don't really know anything about these things beyond them having to read you your rights... but i was under the impression you had a right to know why you were being held.

[taterguy]

2. No one here could give you a good answer

Questions like this really need to asked to actual attorneys, not just people that have seen a few episodes of Law & Order.

[Taverner]

14. Agreed - Miranda Laws are very convoluted

There are a number of Free Legal hotlines you or your friend can call

[Ohio Joe]

3. I thought miranda was your rights when arrested?

I've never heard of it in an investigation.

[junkiebrewster]

12. Miranda rights are to be read

whenever the police are interrogating you, regardless of if you've been arrested. If you waive the rights, are talkative on your own, or the police feel they have enough evidence without questioning you, then they won't read the rights.

These cops are clearly fishing for something and probably intimidated her into waiving her rights. Reason # 109238830210328327348 that I don't trust police officers... even the so called "good" ones.

[Vincardog]

4. Tell her not to sign it then

[Warpy]

5. Don't sign anything and don't say a word

unless you have legal representation.

If they're not playing fair (and they're not, withholding pending charges), then she need not comply with anything.

[Tesha]

20. Warpy's got it right.

Always use Nancy Reagan's motto: "Just say NO.":

"No, I DO NOT consent to be searched.
No, I will not sign anything.
No, I have nothing to say to you until my lawyer is present."

Tesha

[liberal N proud]

6. If you can't tell me what its for, I don't know if I can sign it.

Not until I talk with a lawyer.

[abumbyanyothername]

7. If she has a question

she should consult an attorney.

I was going to add some other stuff, but if she is not 100% comfortable talking with the police, she needs to have an attorney present.

[Jkid]

8. or at least a public defender.

n/t

[junkiebrewster]

11. Public defenders do a tough job

but her best bet is to shell out money for an attorney. PDs are stretched to the point where they just plea bargain everything away. They cannot give one the attention one needs to get a fair shake.

Besides, I'm not even sure you can retain a PD without being charged with something.

If she is not wealthy, most criminal defense attorney's will work out a payment plan with you.

[Raven]

9. More info: she signed the Miranda waiver. She has no idea what this

is about. She has not been arrested. The cop said it was an "investigation". I, of course, told her not to waive but she had done it before she called me. Now I'm wondering if the waiver is vaild under the circumstances. Also, I have told her to contact a criminal lawyer.

[junkiebrewster]

10. Signing that without consulting an attorney first

was a big mistake. She should not speak to the police again without an attorney present.

If she does not have one yet, she needs to get one, regardless of whether or not she's the target of the investigation.

Side question: Why in the heck would she sign that? Never sign anything the police put in front of you, without having an attorney's consultation. as soon as she heard the words "investigation" and "waiver" she should have demanded a lawyer.

[Mariana]

19. Cops lie. Who knows what they said

to convince her to sign it. The old standby "it's just routine, you don't need a lawyer for this" works with a lot of people. So do plain old intimidation and threats.

[mth44sc]

15. She retains the right

to stop answering questions at any time and to ask for an attorney to be present at any time. In short - she can revoke the waiver at any time.

[ctaylors6]

16. She should revoke her earlier Miranda waiver

and state that she wishes to invoke her right to an attorney (and her right to remain silent). Then she shouldn't say anything until she has an attorney. She should be extremely clear (even revoke in writing if they'll let her). There's lots of case law about whether a defendant's statements or actions constituted revocation of waiver of Miranda rights. Revocation should be clear, not wishy washy like "maybe I need to speak to a lawyer."

I believe that the fact that she was not informed of any possible charges is irrelevant to the validity of the Miranda waiver. I'm an attorney but my memory of criminal law may be faulty (I practiced just a little bit of criminal law several years ago; not my main practice area). Hopefully a criminal law attorney will post.

She needs to get an attorney. TV shows always make possible suspects look guilty if they ask for an attorney. She shouldn't worry about that. One of my most vivid memories from law school (over 15 years ago) was my criminal law professor saying if the police are ever interrogating you (whether you're under arrest or not) your only words should be "I want an attorney." Over and over.

[Laelth]

18. I fully concur. n/t

:dem:

-Laelth

[abumbyanyothername]

23. I am an attorney also

but I resist the temptation to practice here.

If she is uncomfortable, she needs to speak with an attorney. Can we say anything more than that, really?

[ddeclue]

13. Don't sign anything, don't answer any questions and consult a criminal defense attorney

tell the cops they aren't allowed on your property w/o a warrant and don't discuss anything relevant in email or on the phone or indoors or in a car.

[Laelth]

17. A Miranda waiver is almost always valid.

Don't sign anything.

:dem:

-Laelth

[Raven]

21. As usual, you guys are wonderful! Thank you! I think I 've put her

on the right tract which is a revocation of the waiver and a call to a crim lawyer if this goes any further.

[rd_kent]

22. Then she should immediately refuse to answer questions and get a lawyer!