The police didn’t read me my Miranda rights! Can I have my case dismissed?

Just read me my rights, or drop my case.

T.V. is usually the best way to “learn” everything you need to know about the law.  Before law school, I used the T.V. for my legal knowledge, too.  I think that’s why everybody has a favorite legal show.  Mine was always Miami Vice.   Don’t deny that you have a favorite.  Law & Order, Dog the Bounty Hunter,  Matlock, L.A. Law… whatever.  Everybody has one.

Matt Haiduk is "Mattlock"
I put the “Matt” in “Matlock”.

Thankfully those shows are completely accurate on the law.  If they weren’t, a whole bunch of people might have the wrong idea.  By a “whole bunch” I mean all of us who watch the law shows.  No need to go to law school when you pick up everything you need from an episode of Ally McBeal, right?

One area the legal T.V. shows must not cover is what they call “Miranda” warnings. Too many people seem confused about them.  If you’re not sure what Miranda warnings are, they’re the “rights” people presume the police will read when arresting somebody.  I say “presume” because people are always saying that “the police never read me my rights,” as though the police are required to do so.  The fact that a huge number of people believe this presumption is what leads me to believe  Night Court didn’t adequately teach us about Miranda.  Let’s clear up the issue Night Court was too soft to tackle, shall we?

The first thing you need to know is that your case is not going to be dismissed because the police didn’t read you your rights.  What will happen (what the law calls “your remedy”) is that certain statements might not be allowed to come in at trial.  See, if you said things to the police that they’re trying to use against you, that’s usually called a “confession.”  And if “confessing” to a crime meant the charges would be dropped… well, that would make for a weird world.

So, before we even talk about Miranda warnings, we need to know if you talked to the police.  Did you make any statement to the police? Yes?  This isn’t going to be easy, but I’ll try to forget that you clearly haven’t been listening to me (or this guy, this guy, or this guy).  If you were listening and you didn’t make a statement, though, Miranda doesn’t really matter.  If that applies to you, I’m awarding you a gold star for following my previous posts (and that of this guy, and this guy and this guy <—– all new guys, by the way).

Ok, you talked?  Is the prosecutor going to try and use that statement against you at trial?  If not, it doesn’t really matter, either.  Since the “remedy” would be to keep the statements out of trial, consider a prosecutor’s not intending to bring them up a “mission accomplished.”  Nice work!

Now, have you been “arrested” by the police prior to making the statement?  If not, it also doesn’t really matter.  Cops are allowed to talk to you in the same situations that normal people can.  If they just happen to wander upon your stranded car, they can ask you questions.  The rights only come into play once they start acting like police investigating crimes and use their “police-ness” against you.

Finally, were your statements the result of the police asking you questions or interrogating you?  If not, Miranda doesn’t really matter.  There’s  nothing that requires the police to read you your rights when you’re happily babbling your guilt for no reason- even if it’s the 16 cans of Hamms making you talk.  And, really, think about it for a minute. If talking to the police when they’re asking you questions is a bad idea, what do you think about talking to them when they’re not even asking you questions?  It hurts me to even ponder.  It should hurt you, too.

So, you went ahead and talked to the police?  You talked to them after you were arrested, only because the police were interrogating you, and the prosecutor is going to use your words against you? Now we’re getting somewhere.

Like I said, if the police didn’t read you your rights when they should have, your statements should not come in at trial.  That doesn’t mean the prosecutor will dismiss your case.  Unless, that is, there is no evidence other than your confession– which means there would have been no evidence if you’d have just listened to me in the past (or listened to this guy, this guy or this guy <—– do you really think I can’t find 3 more links?).

So, there you have it.  If the police didn’t read you your rights… Wait.  Why did you talk to the police, again?

Matt Haiduk is a veteran criminal defense lawyer with offices in Kane and McHenry Counties, Illinois.

Kane County Prosecutor’s DUI Checkpoints…

Man, I think the police are catching on. Looks like the Kane County Sheriff was doing the DUI/Roadblock thing the night before Thanksgiving.  Who would have thought?

According to the Kane County Chronicle, the State’s Attorney’s office was also doing their “no refusal” thing.  That means that if you refuse the breath or blood test, they’re claiming they’re going to get a warrant and force you to submit to chemical testing.  Guess what?  People refused:

Three people initially refused to submit to chemical testing, and two people continued to refuse until they were told by police that a warrant would be obtained. One of those people submitted to chemical testing after a warrant was obtained.

What about that other person?  The one who wouldn’t take the tests even after the warrant was issued?  What happened to him?

The other person continued to refuse to submit to chemical testing, which resulted in an additional charge of felony obstructing justice.

Ouch!  It will be interesting to see where this goes.  Depending on the guy’s background and history, a low-level felony case just may impact his life a lot less than a misdemeanor DUI.  Maybe.  It’s going to be interesting to see if the Kane County State’s Attorney’s office handles this any differently because it’s part of their pet project.

Making it worse.

-Update (12/5/13): A year later and this one still drags on.  The Kane County Chronicle is reporting today a lawsuit has been filed on behalf of the deceased man.  Contrary to what was reported (and I wrote about below- nearly a year ago) the lawsuit alleges the deputy did not abandon the pursuit.  While that certainly adds an interesting twist to the story, the point I originally made still holds true. If you’re put in a situation where you might make your legal situation worse, just don’t.

[separator /]

About that car crash in Campton Hills this weekend…

A Kane County Sheriff’s deputy reportedly saw Liston’s car traveling on Route 38 at Bricher Road. The deputy tried to stop  her but ended the pursuit because she was driving too recklessly, Hoffman said.

The Kane County Chronicle reported on a pretty horrific accident.  In case you didn’t catch the article, here’s the short version:  A lady with a suspended license in a stolen car was going to be pulled over… until she fled.  Reaching speeds of 100 MPH, she ended up causing a chain of traffic accidents.  The result?  She is dead. Another motorist is dead.  Others were injured and taken to the hospital.  According to the Kane County Chronicle, it sounds like a pretty grim scene:

Multiple police and fire departments throughout the county responded to the scene, which included a vehicle on its top, a smoking vehicle and cars sandwiched together, police said.

I’ve offered a lot of opinions in here.  I’ve explained why you probably shouldn’t talk to the police.  I’ve told you what not to do in traffic court.  Probably something I’ve assumed you know but, perhaps, you don’t is the most simple advice possible:  When you’re in a legal bind, help your situation every chance you can.  Before you’re charged, when the police have you at the station, or even after you’re charged, your actions can affect what happens.  Because you’re in a bind for one crime (or two, or three), doing anything that will get you charged with a worse offense is usually a bad idea.

Have a suspended license?  Maybe you stole a car?  I don’t know.  All I know is that killing other people is going to take your case to a whole new level.

I’m not saying the lady in this story was or was not guilty of anything- she managed to kill herself before being hauled into the Kane County courts so we’ll never hear her story.  All I know is that if she hadn’t killed herself, the wake of her destruction in this case was going to make it really bad for her– even if she had a legitimate defense.

Don’t make things worse than they have to be.  Don’t kill people minding their own business.  That’s pretty simple