The police must read your your Miranda rights or “Mirandize” when two conditions are met. First, you must be under arrest or be able to leave. And second, the information they are attempting to glean from you must be incriminating. Trust me, if you are being investigated for committing a crime, they are always trying to get you to incriminate yourself. That is never the issue. The real issue centers on whether or not you are under arrest. The police have become masters of trying to get a person to talk without mirandizing him or her by making trying to convince the person they he or she is in fact free to leave or not under arrest.
Some of the tricks they use include the following:
- Leaving the door open the police cruiser
- Pointing at the door of the interrogation room and saying you leave at anytime.
- Sitting on your couch and saying “you are not under arrest and can ask us to leave at anytime.”
- Telling you that if you just talk, that everything will go away.
- You aren’t in trouble, we just want to talk
See the pattern?
Don’t fall for their tricks.
You can always say no to police questions. Most experienced criminal defense attorneys won’t allow you talk to the police in almost every situation. We have had charges not brought in cases because with a confession or statement, the police knew there was not enough evidence to charge the person with a crime.
It is also impossible to talk yourself out of getting charged. If they are talking to you, they probably think you did it. They want a confession. If you don’t “admit” to it, then you think you are lying. It is a no win situation.