Getting arrested is probably one of the scariest things that can happen because that officer says, “Put your hands behind your back,” and you hear the handcuffs coming out, and you feel that metal going around your wrist. At that point, you may or may not know what you’re getting arrested for. And so that is scary in itself.
When you’re arrested, it’s extremely important for the cops to read you your Miranda rights, but they don’t always have to read it right at the beginning. You need to remember everything you say to them at that point can be used against you. You are in custody.
You have the right to remain silent. You can have an attorney with you, among other things. If the cops don’t inform you of those rights right from the beginning, it doesn’t necessarily mean that the arrest was bad. It could mean that some evidence and some statements and other things could get suppressed later on, so it’s extremely important when you were Mirandized and things that happened before and after it. We’ll know all of that once we get into the discovery and we’re able to start taking apart the prosecutor’s case, depending on when you were Mirandized.
We’re going to look at everything, which includes really fighting at the motions trial practice. That’s why you need experienced defense attorneys that know the issues, that are creative in how they’re able to attack things.