Shoplifting is considered a criminal offense and will give you
a criminal record if convicted. Because of this fact you are
entitled to your Miranda Rights. What are these rights and
do they protect you? A 2010 Supreme Court Rulings says
Maybe Not:
To understand your rights you must understand the basic Miranda rules:
1) The rules only apply if your being interrogated by the police (Store personnel
are not considered police and thus do not have to give you these warnings
and can use any statement you give to them either in writing or orally
against you in court).
2) Interrogation by police means that you are not free to leave.
3) The new decision explained below still means the police must still give you
the Miranda Warnings.
Recently in a United States Supreme Court Decision announced on June 1, 2010
the court turned upside down the law as it has stood for nearly 50 years. The Court
stated: “A suspect who has received and understood the Miranda warnings, and has
not invoked his Miranda rights, waives the right to remain silent by making an
uncoerced statement to the police,”
The court stated it's up to the accused to invoke his rights and if the suspect later
talks those statements can be used against him or her. The police are "not required
to obtain a waiver" of the suspects "right to remain silent before interrogating him,"
wrote Justice Anthony M. Kennedy. Berghuis v. Thompkins, 08-1470
Prior to this decision the common rule was that once a defendant stated or implied
that he did not want to speak to police, if the police continued to interrogate him
those statements could not be used against him. The new law however states even
if you do invoke your Miranda Rights and do not speak to the police if you later say
something even after 3 hours of questioning these statements can and will be used
against you.
Conclusion: The fish would have never gotten caught unless it opened its
mouth. Anything you say to anyone but an attorney in his or her office can and will be
used against you in court. The only true right to privacy is with your Lawyer in his or
her office. Any conversations over the phone or through e-mail is not necessarily
protected. That is why our office offers the extra and more time consuming step of
giving our clients a free in office consultation. We are not just interested in getting
your money but we are interested in protecting your rights. Only in an in office
consultation can you guarantee the privacy of your communications. In a time when
anything you say can and will be used against you in a court of law, this extra step
can be the difference between winning your case and losing. Let us help you win
your case, call our office at 1-800-9-RIGHTS and start protecting your rights today.
a criminal record if convicted. Because of this fact you are
entitled to your Miranda Rights. What are these rights and
do they protect you? A 2010 Supreme Court Rulings says
Maybe Not:
To understand your rights you must understand the basic Miranda rules:
1) The rules only apply if your being interrogated by the police (Store personnel
are not considered police and thus do not have to give you these warnings
and can use any statement you give to them either in writing or orally
against you in court).
2) Interrogation by police means that you are not free to leave.
3) The new decision explained below still means the police must still give you
the Miranda Warnings.
Recently in a United States Supreme Court Decision announced on June 1, 2010
the court turned upside down the law as it has stood for nearly 50 years. The Court
stated: “A suspect who has received and understood the Miranda warnings, and has
not invoked his Miranda rights, waives the right to remain silent by making an
uncoerced statement to the police,”
The court stated it's up to the accused to invoke his rights and if the suspect later
talks those statements can be used against him or her. The police are "not required
to obtain a waiver" of the suspects "right to remain silent before interrogating him,"
wrote Justice Anthony M. Kennedy. Berghuis v. Thompkins, 08-1470
Prior to this decision the common rule was that once a defendant stated or implied
that he did not want to speak to police, if the police continued to interrogate him
those statements could not be used against him. The new law however states even
if you do invoke your Miranda Rights and do not speak to the police if you later say
something even after 3 hours of questioning these statements can and will be used
against you.
Conclusion: The fish would have never gotten caught unless it opened its
mouth. Anything you say to anyone but an attorney in his or her office can and will be
used against you in court. The only true right to privacy is with your Lawyer in his or
her office. Any conversations over the phone or through e-mail is not necessarily
protected. That is why our office offers the extra and more time consuming step of
giving our clients a free in office consultation. We are not just interested in getting
your money but we are interested in protecting your rights. Only in an in office
consultation can you guarantee the privacy of your communications. In a time when
anything you say can and will be used against you in a court of law, this extra step
can be the difference between winning your case and losing. Let us help you win
your case, call our office at 1-800-9-RIGHTS and start protecting your rights today.
| H. SCOTT AALSBERG, ESQ., P.C. "The Shoplifters Attorney" 39 Milltown Road, East Brunswick, N.J. 08816 1028 Route #23 North, Wayne, N.J. 07470 1-800-9-RIGHTS or (732) 257-5040 www.shopliftersattorney.com "when only the best defense will do" |
www.shopliftersattorney.com
"Our Name Says It All"
"Our Name Says It All"
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Free Private Consultation
Call 24/7 1-800-9-RIGHTS
Call 24/7 1-800-9-RIGHTS
Your Miranda Rights and Statements Made to Police and Store Personnel
| We all the know the famous Miranda Warnings: "You have the right to remain silent and anything you say can and will be used against you in a court of law . . . . You have the right to have an attorney if you cannot afford one, an attorney will be appointed for you . . . . |
www.ShopliftersAttorney.com
"When Winning Counts"
98% Success Rate of Winning, Reducing,
or Eliminating the Penalties
"When Winning Counts"
98% Success Rate of Winning, Reducing,
or Eliminating the Penalties
The NJ Shoplifting Lawyer