Ithaca Lawyer How to Exert or Invoke Your Legal Rights

YOU want rights then YOU must INVOKE THEM
from newyorkcourtwatcher.com

This may sound like a simple question but how does one exert or assert or invoke their constitutional rights with law enforcement?

Well first ways that are NOT effective or legal:

1. Telling them to f off
2. Telling them to just leave you alone
3. Not doing anything
4. Asking them legal questions and then "Expecting" them to tell you the truth about anything
5. Being silent for a long time (see case below)

The US Supreme Court case is Berghuis v Thompkins, 560 U.S. 370 (2010)

Thompkins was in custody for allegedly killing someone. He sat silent for THREE HOURS.

Never asked for an attorney

The police then appealed to him spiritually, and asked him three questions:

1. do you believe in G-d?  yes
2. do you pray to G-d? yes
3. do you pray to G-d to forgive you for shooting the victim? yes

The police got their admission to the crime.

This was used against him in Court. Thompkins was found guilty and sentenced to life without parole. The case was appealed to the US Supreme Court as a violation of his right to remain silent.

Thompkins argued he had NOT invoked or waived his rights and therefore this admission should not have come into evidence against him.

Supremes said, UNLESS AND UNTIL THE SUSPECT EXPLICITLY (ACTUALLY STATED) INVOKED THEIR RIGHTS NONE ATTACHED!

They (the police) will not leave you alone, they will not stop their games or requests or questions until,,,

Four words 

"I want a lawyer"or "I want an attorney"

Then and only then do they have to leave you alone unless you say more or cancel (waive) that request

Always consult with an attorney about any criminal or non-criminal charges you have pending to discuss your options and/or defenses.

http://www.ithacadwi.com

newman.lawrence@gmail.com

607-229-5184

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Chosen as a 2013 Rising Star in DWI/DUI in Upstate New York by Super Lawyers

Ithaca Cortland Lawyer Asks If YOUR Miranda RIGHTS are Dead?

As a DWI defense attorney by far the most common question I am asked is, "if they failed to give me my Miranda Warnings, can my case be dismissed? Can we just get them (the prosecution) to toss everything, ie. the stop of the car, the arrest, and the breath test?

Fast answer , NO!

First, What is/are the Miranda Warnings?

Almost everyone knows them from TV and movies:

1. You have a right to remain silent
2. Anything you say can and will be used against you in a Court of law
3. You have a right to have an attorney present both before and during questioning
4. If you cannot afford to hire an attorney one will be provided to you

Second, What if the police fail to tell them to you?

Then "maybe" some of your statements to the police cannot be used against you. Miranda only relates to YOUR RIGHT TO REMAIN SILENT. It relates to what you say to law enforcement. As a collateral issue you have a right to an attorney as it relates to questioning (interrogation). I have said this before, the police do not have to be honest with you when conducting their investigation. They can lie, make up stories, and deceive in the interests of justice.

Lastly, Are Your Statements to the police really protected under Miranda?

A recent (2010) SCOTUS (the Supreme Court of the United States) decision, Berghuis v. Thompkins (docket 08-1470), basically says Miranda is Dead. You have to state your rights to the police to have any. You have to say "I want a lawyer" or ""I have a right to remain silent." This case stands for the proposition that anything you say is "voluntary" UNLESS and UNTIL you state otherwise.

Like most things these days, your inaction in invoking your rights, of demanding what is truly yours, will in the end hurt you. Or in the words of a famous philosopher, "if you snooze you lose."

Lawrence (Larry) Newman, D.C., J.D.

Doctor of Chiropractic

Attorney and Counselor at Law

504 North Aurora Street

Ithaca, NY 14850

607-229-5184

http://www.ithacadwi.com

http://www.ithacainjurylawyer.com