A Setback For Self-Incrimination

On behalf of The Marks Law Firm, L.L.C. posted in Criminal Law on Friday, June 21, 2013

Most of you have watched it happen on television, in one of the seemingly endless procedurals – after an individual is arrested for a crime or brought in for questioning, the individual receives Miranda warnings. One of those rights from the warnings is the right to remain silent, a right that far too many criminal defendants do not exercise to their own peril.

If a defendant, after receiving Miranda warnings, voluntarily chooses to speak, any of those statements may be used against him at trial. If the defendant, in custody, makes statements before receiving his Miranda warnings, the government cannot use those statements in its case-in-chief …