California Criminal Defense Blog

State attorneys are celebrating after the Maryland Supreme Court ruled that a detective who told a murder suspect she could “get a lawyer at some point” if she could not afford one now did not misstate her Miranda rights. Just because the detective did not state the Miranda warning verbatim does not mean that he violated the rights of the suspect, according to the Supreme Court. They cited a California ruling that an officer need not “incant” the Miranda warning verbatim.

What does this mean for people who are pulled over and read a non-verbatim version of the Miranda warning? Essentially, if the content of the Miranda rights is intact, the form does not matter in the eyes of the law. But do the Miranda rights really protect you against statements you make to incriminate yourself? Unfortunately, they do not always do so. Even if you confess or incriminate yourself prior to a police officer’s reading your rights, that evidence may be presented at trial if the officer can prove that they would have been able to discover it without your help.

Ultimately, “polite but silent” is a good rule of thumb when you are under police custody. It may make you appear guilty or suspicious, but in order to avoid incriminating yourself, it is best to have an attorney present during all police interrogations. A good criminal defense attorney can make sure you are protected against self-incrimination, and can reassure you during intimidating interrogations.

Under arrest? In need of a competent and caring California criminal defense attorney? Look no further. Neil Shouse & Associates has a track record of strong criminal defense and the resources it takes to win at trial. Do you have a criminal defense case? Call today for a free, confidential consultation and more information on our services.

Posted by Neil Shouse & Associates | Permalink | Email This Post

Posted In: Criminal Defense

Bookmark:

The romantic epic film “Atonement” is sweeping the box office and the awards ceremonies, recently picking up a Golden Globe Award for Best Drama. What does this have to do with criminal defense? A lot, since the story behind “Atonement” highlights the damning power of words.

The story at the center of “Atonement” deals with a young girl who, misunderstanding what she sees at a family party, accuses a young man of raping a houseguest. Her accusation sets in action a chain of events that leads to the defendant serving time in prison, leaving only to be killed during World War II. The girl’s accusation makes sense at the time and is an accurate statement of her understanding of events. But the defendant’s inferior place in the family and the social stigma of rape force him into jail for a crime he didn’t commit, tearing apart a family and ultimately costing him his life.

All too often, a single accusation, whether out of malice or just misunderstanding, can set a criminal case into motion. Police must have an accusation to work off of, and “he said” versus “she said” can be pitted against one another in criminal court. Because of the many ins and outs of evidence, testimony, hearsay and criminal claims, it’s vital that a defendant who is accusing himself against false claims hire the best possible criminal defense attorney to help stay out of jail and keep his good name unsullied. Often, a good criminal defense lawyer can use legal procedure to his or her advantage, bargain down a plea, or get a case dismissed outright when outlandish and unsubstantiated claims are involved.

The attorneys of Neil Shouse & Associates are committed to each and every client. We offer a compassionate ear, unfailing customer service, and a track record that shows our ability to fight and win criminal defense cases. Have you been falsely accused of a crime? Don’t hesitate – call our offices today to find out how we can help.

Posted by Neil Shouse & Associates | Permalink | Email This Post

Posted In: Criminal Defense

Bookmark:

News that United Kingdom law enforcement officials are set to begin trying to make rape suspects incriminate themselves via telephone or text message means there’s no time like the present to review pretext calls. This self-incriminatory tactic is often used by California police early on in rape cases, and you need to know how to protect yourself against the dreaded pretext call.

What is a pretext call? It may be from a friend, stranger, child, adult, or old acquaintance. Generally, the person will call and start asking questions about old accusations or events in an attempt to get you to say something self-incriminating. For example, the person might be an old girlfriend who brings up a situation that could be construed as date rape. If you apologize or acknowledge the incident on tape, even if it’s an incident you did not feel guilty of or involved in, the tape could be used as evidence at trial. Pretext calls are an extremely controversial police tactic, but uninformed people are often sitting ducks for this form of self-incrimination.

If you receive a suspicious phone call you believe may be a pretext call, be polite but firm. Refuse to answer questions or engage the caller in a conversation. Hang up as soon as possible and call your criminal defense attorney. The right criminal defense lawyer can help defend you against self-incriminatory statements recorded during pretext phone calls.

The lawyers at Neil Shouse & Associates are experienced in the field of criminal defense. We have what it takes to fight your battle and keep you out of jail. Have you received a pretext phone call? Are you accused of a crime? Don’t act alone. You need an experienced criminal defense lawyer to help protect your rights and freedoms. Act now – call Neil Shouse & Associates today for more information and a free phone consultation.

Posted by Neil Shouse & Associates | Permalink | Email This Post

Posted In: Criminal Defense

Bookmark: