QUESTION

Voluntarily go with police to make statement; want me to sign Miranda, I refuse-detained until arrested. Is this legal?

Asked on Dec 04th, 2012 on Criminal Law - California
More details to this question:
A man across the street filed a charge against me (I did not know about this) after I complained to his Human Resources person. The next day police came asking if I could make a statement about the incident. I invited them in to my home, telling them that my witnesses were there with me. They asked, instead, that I make the statement at the police station. I voluntarily went to the station, where they wanted me to sign a Miranda document. I would not as I was not under arrest. They assured me that I was not under arrest, and that the Miranda was for my own protection. I asked my husband (who came with me) to come in and we discussed. I said I would not sign. The police asked us to wait while they made a phone call. At one time, they locked the door on us but opened it when we complained. After waiting 30 minutes, we said we were leaving. (One of the police had been on the phone with the DA all of this time.) When we were walking out, they asked us to stay five minutes more. We did and then they came out and arrested me. Is this behavior legal?
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6 ANSWERS

John J. Carney
Very few people understand their constitutional rights. You have a right to remain silent and a right to an attorney when you are questioned by the poilce. You do not have to answer any questions and should not agree to go to the police station, answer their questions, consent to a search, or allow them to enter your home. You should ask that all questions stop and that you be allowed to contact your attorney. If you do not say these things the poilce can continue to question you. They will threaten you, make false promises, lie to you, keep you in a room for hours, and manipulate you into making a confession. They can detain you for a day and then they have to wither charge you or let you go, but sometimes they will hold you longer if you do not insist in leaving or seem ready to crack. Almost everyone confesses because hey are not smart enough to know that they are not better off cooperating and that the confession will take all the leverage and bargaining power away from their attorney. If you did not tell them anything then you were smart, but they had the right to hold you and question you. If they had probable cause they had the right to arrest you. Your lawyer will contest the arrest and try to have the case dismissed or reduced. If you are innocent he will advise you to go to trial.
Answered on Dec 10th, 2012 at 2:21 PM

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Michael J. Breczinski
It is very tacky any way. I would not give them a statement and would get a lawyer if I were you.
Answered on Dec 05th, 2012 at 9:41 PM

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Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. What were you ultimately charged with? Although it may not seem proper or ethical, it also may not be illegal. I strongly suggest that you contact an experienced criminal defense attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. He/she would then be in a better position to analyze your case and advise you of your options.
Answered on Dec 05th, 2012 at 9:03 PM

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Domestic Violence Attorney serving Orange, CA at Law Office of James Gandy
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Yes, this is legal and can easily happen. I am not certain which part you have the issues with so I will simply talk about Miranda. Miranda warnings are not really for ' your protection'. If you simply listen to the warnings, this is clear. WARNING 1 - You have the right to remain silent - This means that you do not have to say anything; you have no obligation to tell the police your side of the story; in fact, in most cases telling the police your side of the story does not help you. WARNING 2 - Anything you say can and will be used against you - This means that even if you provide your side of the story only the parts that are bad for you (those that can be used against you) will be admissible in court; for example, if you say, "I was in the house but I did not kill anyone;" The prosecution can offer the statement into evidence that you were in the house. WARNING 3 - You have the right to an attorney - this means that you can have an attorney with you during questioning. If the police are telling you that you can have an attorney, why would you think that not having one would be a good idea. And, finally, if the police are even bothering to read you the warnings, that means that they suspect you of committing the crime. Miranda warnings are only necessary when a SUSPECT is in custody and the police plan on questioning them.
Answered on Dec 04th, 2012 at 5:50 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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Speak with an attorney with full details but is does not seem to be any actions which would exonerate your or make the complaint impossible to charge. Never speak to an investigating officer without an attorney.
Answered on Dec 04th, 2012 at 5:49 PM

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You have the right to remain silent, and should always exercise your right. You did the right thing. They were going to arrest you anyway. By not talking you just made your case better.
Answered on Dec 04th, 2012 at 5:48 PM

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