DALE CARSON LAW

At the point in time when someone is in what is called custodial detention, they are not free to leave, and they are being questioned by police, that’s when Miranda rights attach. And those are: the right to remain silent; the right to a lawyer; and all of those rights that many folks are familiar with. At that point, when someone is in that situation, it is critical to bring in an attorney to invoke your right to a lawyer. And I think that, in some circumstances, police may try to convince people to talk to them in spite of their Miranda rights. We speak with many clients in the course of our practice who will give up their Miranda rights and actually waive those, because police are either friendly, or they trick them into doing that. And so that is a very big pitfall, and it is something that we advise our clients to look out for when they are in an interaction with police.