Every lawyer has had cases that had been effectively lost by the client before a lawyer had ever been hired. Being arrested is traumatic. People are definitely not at their best. Too often, someone will give away one of the most important rights than an American possesses, limiting their future strategies or legal options.
The Miranda Warning
Everyone has heard the TV cop recite the Miranda warning a thousand times. The Miranda warning begins with the words, “You have the right to remain silent.” The warning goes on to say that anything said will be used against you in court. Often, the police officer will pull a laminated card from his pocket to ensure that he delivers every word of the Miranda warning, exactly as written.
This is When the Case Can Be Lost
The person who was just arrested is standing there in handcuffs. They want to end this and continue on their way. The police officer is well aware of this, so after delivering the Miranda warning will start asking questions.
Many drivers have managed to talk their way out of a traffic ticket and drive away with only a warning. Getting arrested is not the same as being stopped for a broken tail light. The time to talk with the officer and explain it all away never really existed.
The Police Officer Will Not Change His or Her Mind
The officer will ask something like, “So, have you been drinking this evening?” This is an interrogation without the benefit of having an attorney present. There is no possibility of negotiating and canceling the arrest. Trying to explain that you “only had two beers” or that “we had an argument but it’s over” will not help but will be written into the police report.
The officer wants to have additional reasons to justify the arrest. The goal is to convict you – and nothing helps the prosecutor more than an incriminating statement.
You Have the Right to an Attorney
After an arrest, don’t say anything except that you want to speak with your attorney. This is exercising your Constitutional right, not being uncooperative. Equally important is hiring the right attorney.
Vinas & Graham, PLLC, has decades of experience in assisting others in similar situations. They are dedicated to working tirelessly to obtain the best result possible. Don’t risk your freedom and future. Contact these Houston attorneys who are focused on criminal defense.
