IF YOU ARE A
FRAUD VICTIM AT RISK OF ARREST, KEEP THIS DOCUMENT WITH YOU AT ALL
If you are arrested it will give you something to hang on
to and something to refer to so that you don't panic.
fraud victims come to us having waived their Miranda Rights or Warning
and occasionally they have unwittingly made self-incriminating
statements to law enforcement.
that this is what they did. None realize that they may have caused
themselves additional harm.
never any guarantee that justice will prevail in the way the arrested
fraud victim expects. In those instances where the victim has waived
his Miranda Rights and made self-incriminating statements, unwinding the
damage and achieving justice for that victim can be very difficult.
of Miranda Rights or Warning:
Not all states at all times are required to read you your Miranda Rights
at the time of arrest. That does not mean you don't have them. It is a
common misunderstanding, a myth, that if you were not read your Rights,
your case can be thrown out of court.
The truth is that if you are not interrogated
after your arrest, there is no reason for law enforcement to read you
your Rights. However, if you are interrogated after your arrest without
having been read your Miranda Rights, statements made by you during that
interrogation cannot be presented in court.
the period of questioning by law enforcement investigators prior to
arrest. You have no obligation to consent to an interview, nor should
you feel at any time that you are under arrest during an interview.
You should be
able to leave at any time. Law enforcement must inform you that you are
free to go, and there must not be any physical obstacles between you and
the exit door nor any impediments to your departure.
made during an interview can later be used against you in a court of
the period of questioning by law enforcement investigators after the
reading of the Miranda Rights or Warning.
This is a term you may have heard in the news. It is normal
Justice Department parlance for subjects of investigation and includes
'suspect', 'subject' and 'target'.
If you are termed a "Person of Interest" and the police want to
interview you, STOP. You need an attorney present to protect you from
making unintentional self-incriminating statements.
You can be arrested anywhere and read your rights anywhere. Many police
vehicles have installed video and voice recording devices and because of
this, in some states the arrest and arrest statements can take place in
the police vehicle without going back to police headquarters or
These are the Miranda Rights or Warning as
dictated by Miranda vs.Arizona:
In the absence of other effective measures the
following procedures to safeguard the Fifth Amendment privilege must be
The person in custody must, prior to interrogation,
be clearly informed that he has the right to remain silent, and that
anything he says will be used against him in court; he must be clearly
informed that he has the right to consult with a lawyer and to have the
lawyer with him during interrogation, and that, if he is indigent, a
lawyer will be appointed to represent him.
the Miranda Rights text most states use:
You have the right to remain silent. Anything you
say will be used against you in a court of law. You have the right to
an attorney during interrogation; if you cannot afford an attorney, one
will be appointed to you.
1. "You have the right to remain silent"
means KEEP YOUR MOUTH SHUT. It's not called a Warning for
nothing. You may safely state the following:
Social Security Number if asked.
(d) "I invoke
my 5th Amendment right to an attorney."
Rights is not an admission of guilt. It just means that you are smart
enough to call in an expert for advice.
2. "Anything you say will be used against you in
a court of law" means that anything you say will
be used against you in court. You can count on it.
3. "You have the right to an attorney during
interrogation" sounds as if you can invoke your right to an attorney
at any time during the interrogation. Don't count on it and don't
bet on it. Ask for an attorney before the
4. "But I don't need an attorney! I didn't
do anything wrong!" is the most disastrous phrase a fraud victim
can say to law enforcement detectives because it tells the detectives
that they can use all interrogation techniques at their disposal
(including the use of deception, which they are allowed to do) without
the presence of advising counsel to guide you through your answers or
Fraud victims who are arrested are always an
emotional disaster area, frightened, confused, angry, and not thinking
straight. In other words: ideal for interrogation.
Law enforcement works for the prosecution. If you
are considered a suspect in a crime, the police are not on your side,
even if you are a fellow law enforcement officer.
No matter who you are, no matter what your job title
is, from President of a major corporation to law enforcement, to
professional to housewife, to politician to business owner, to Hollywood
star to college student, during an
interrogation the police are not your friends, no matter how they act.