Weisberg Law Blog

Our federal and state constitutions protect us citizens from convicting ourselves in a criminal prosecution. This means that if the state wants to introduce a written or oral admission that is the product of custodial interrogation, the state must show that the defendant was advised of his so-called Miranda rights. These rights mainly involve the right not to make any statement, or answer questions. It requires the police officers to tell the defendant that anything he says or writes can be used in evidence against him, and of his right to have a lawyer present at the session.

Contrary to what you see on Law and Order, the lawyer usually advises defendants to say nothing. Check the TV series “The Sopranos” on the subject. Police detectives know that when a lawyer arrives the session is over, so they use various methods to discourage a defendant from asking for a lawyer. My advice: don't play the game. If you don't play, you can't lose. Police officers are experts at interrogation. You cannot outwit them; you cannot convince them that you are not guilty.

An oral statement is just as admissible as a written one. Do not think that just because you didn't sign anything you are alright. You are not. Actually, I view the oral statement as more dangerous than a written one. Anything can be added to the oral statement. Accordingly, I advise clients not to talk about a criminal situation unless I am there.