Most arrested fraud
victims come to us having waived their Miranda Rights or Warning and
occasionally they have unwittingly made self-incriminating statements to
None realize that this is
what they did. None realize that they may have caused themselves
There is 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.
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.
Statements made during an
interview can later be used against you in a court of law.
the period of questioning by law enforcement investigators after the
reading of the Miranda Rights or Warning.
Person of Interest:
This is a term you may have frequently 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
“In the absence of other effective measures the following procedures
to safeguard the Fifth Amendment privilege must be observed:
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.”
Below is 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."
your 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 interrogation.
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 silence.
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.