This blog post--which is the last in a three-part series involving the Fifth Amendment to the United States Constitution--provides six tips on how to handle yourself when talking with a police officer.
This blog post is the second in a three-part series exploring the Fifth Amendment to the United States Constitution. To see the other posts in this series, click here.
Clients often ask why they weren't read their Miranda rights during police questioning. Sometimes, they ask why they weren't read their Miranda rights when they were placed under arrest. In DWI/DUI cases, clients sometimes ask why they weren't read their Miranda rights prior to a request for a chemical test of their blood, breath, and urine.
In speaking with criminal clients, I am always surprised to learn how many misconceptions exist regarding criminal law. One significant area of misconception involves the issue of offering unfavorable statements against yourself to police. People often have wrong ideas about what their Miranda rights entail, about what "Pleading the Fifth" entails, and about what needs to be said or done during a confrontation with a police officer.