Ray Hrdlicka – Host – Attorneys.Media
“So, where in this process…you’ve talked about an arrest that occurs and then the blood test that occurs later. Where in this process does the…does law enforcement have to Mirandize you, you know, read you your rights?”
Stuart Kirchick – Criminal Defense Attorney – Santa Clara County, CA
“Sure. So, the Miranda rights, there’s a lot of misconceptions about Miranda rights because of what happens in TV. I get a lot of clients, a lot of clients saying…’but they didn’t read me my rights’. And there’s really no statement that there ever…that they’ve taken from the defendant. From the arrestee, so it doesn’t matter. So, what Miranda rights applies to is…when you’re in custody and you are being interrogated, if the police and the prosecution want to use those statements against you in a court of law, you must be read the Miranda rights. If you’re not in custody, not arrested, cuffed, not free to leave, and you’re having a conversation with the cops without Miranda rights…so what? All those statements you just made are going to be admissible in court, because you’re not in custody at the time…you’re just having a conversation on a corner, whatever, in public. All right?
So, and likewise, if you’re in custody and they don’t interrogate you, and you don’t make any statements while you’re in custody, they don’t need to read your Miranda rights. Because there’s no statements that you gave while in custody that incriminated yourself.”
Ray Hrdlicka – Host – Attorneys.Media
“Right. Well, there’s…that’s a huge chasm between what people think what’s propagated on TV and what is in reality, you know, obviously.”
Stuart Kirchick – Criminal Defense Attorney – Santa Clara County, CA
“Probably one of the biggest chasm’s as you say, yeah.”
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