Author: matthaiduk

Matt Haiduk is a criminal defense lawyer in Illinois. He loves his dog. And pizza.

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.

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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

 

The Juice

How do you start a letter to O.J. Simpson?

I wasn’t sure either.  So, I opened with “Mr. Simpson,” and went on to apologize that we’d never met and I was sending him seemingly random mail.  Hopefully, he’ll get back to me.

There’s a new project in the works that will be “out there” soon.  It’s going to be fun. Seriously.

Stay tuned.

“Most of my heroes don’t appear on no stamps.”

If life were Star Wars, Hofmann would be Han Solo

Every once in a while things keep popping up in my life.  I don’t know if it’s for a reason, or not.  All I know is that I don’t like things I can’t get away from.

Over the weekend I decided to hop into the “way back machine” and put the music player on “random.”  On came Public Enemy’s once-popular song “Fight the Power.”  Man, I love that song.

The line from that song that stuck out in my head for more than 20 years is, of course, “Most of my heroes don’t appear on no stamps.”  Not for the grammar, though. Probably not for any reason more significant than the way it’s delivered in that song.  It’s still pretty cool.

So, I attack google to see what P.E. has been up to.   I knew they’d released another CD this summer, but it hadn’t clicked with me that it was titled “Most of My Heroes Still Don’t Appear on No Stamps.”  This got me to thinking.  What was once just a catchy little line is now starting to make a little sense.  I mean, when I was in High School, I probably hadn’t been alive long enough to have heroes who should be on stamps.  Now I’m a little bit older.

High School was over 20 years ago.  What about all that time having passed?  Has the Post Office put my heroes on stamps now?  Clearly they hadn’t put most of Public Enemy’s heroes on stamps in that time… or the new CD would have a different title.

Sledge Hammer image
Trust me, I know what I’m doing.

So, I search.  Mario Andretti stamp? No.  Bryan Marchment?  No.  Sledge Hammer?  Absolutely not.  Every defense attorney who ever helped keep the government off my back… Gerry Spence, Ron Kuby or Clarence Darrow?  Not a chance.  Walter Payton? No.  Well, yes, actually, but that’s only one of my heroes and still not most of my heroes.

How do I start getting some proper stamps pressed out?

Then it gets weird.  I look at my twitter thing, and the NW Herald wants to hear about heroes.  They want to hear about my heroes.  That’s “hero” for the third time in a couple days. Maybe things do keep popping up for a reason.

This seems to be just the opportunity I need to get my heroes some recognition, right?

Boom.  I’m on it.  There’s a catch, though.  They want “everyday heroes” who live and work in McHenry County.  Andretti, Marchment, Hammer and Payton are out.  The defense attorneys?  Well, they are probably the most worthy, anyway.  It’s just going to have to be somebody local, and not somebody famous.  Maybe somebody who is local who should be famous?

There are a bunch of guys who regularly work in McHenry County who I could have nominated.  I chose Dan Hofmann, though.  Why?  For a couple of reasons.  Mostly I know how hard he works, I know how much he loves this stuff, and he just won that huge case in Rockford.  Plus, if the Herald bothers to call him, I know he’ll be direct, honest, and fun.  Who doesn’t like that?

I also know that there are  bunch of people who will step up and tell the Herald how much better their lives are because of Dan.

 

Here’s what my submission looked like:

Hofmann is a freedom fighter. Like to print what you want? Like your ability to walk down the street whenever you want, however you want? Like it that the government can’t bust down your door for no reason? Thank Hofmann.

There are hundreds, if not thousands of people who directly owe their freedom to Dan. There are thousands, if not millions more who indirectly owe their ability to be free from restriction to Dan.  Will it help Dan’s cause if I have some of them contact you?

If life were Star Wars, Hofmann would be Han Solo. Know who blows up the Death Star without Han Solo? Nobody… that’s who. Watch the movies again if you don’t believe me (but not the most recent 3, because they were lame).  He may not fly a spaceship, but he still fights the rebel cause.

I know you think I’m joking. I’m not.  The fact that the NW Herald is what it is… the fact that Gus Philpot is what he is… that’s just not because “America is free”.  That’s because America is supposed to be free, and Dan Hofmann is out there every day acting like a “check” on the government when it tries to make America less free.

I love my freedom.  Do you love yours?  I know that you do.  You know who else loves your freedom? Dan does.  He’s an everyday hero.

I don’t see how Dan can’t be one of their “everyday heroes” after that.  So, now I can listen to Public Enemy without the burden of knowing I’ve never done anything to get anybody on any stamps.  I know the local paper isn’t exactly a stamp, but at least I took a little step towards getting somebody recognized for something.  I’ll let you know how that turns out.