While it is difficult to quantify the exact number of those arrested for Kansas criminal offenses that either made the case for the prosecutor or at the very least provided critical evidence, there is no denying that the number of cases is substantial.\u00a0 Most people who are arrested provide damaging incriminating statements or lie creating a whole slew of other problems.\u00a0 While the typical citizen in Kansas understands that they have certain protections that are included in a Miranda warning including the right against self-incrimination (right to remain silent) and right to counsel, many people are so shaken during an arrest or interrogation they attempt to talk their way out of the situation.<\/p>\n
If you make incriminating statements once you are \u201cin custody\u201d (i.e. no longer free to leave), the incriminating statements and evidence obtained based on those statements, such as revealing the location of critical evidence, may be subject to the exclusionary rule which allows evidence obtained illegally to be excluded from being used as evidence against you.\u00a0 An experienced Kansas criminal defense lawyer will carefully examine the facts of your case to determine if your Miranda rights were violated.\u00a0 A violation may including any of the following:<\/p>\n
If your Kansas criminal defense attorney believes that their has been a Miranda violation, the attorney may file for a suppression hearing to have any incriminating statements and evidence obtained from those statements suppressed so that the evidence cannot be used against you.\u00a0 Our experienced Kansas criminal defense attorneys frequently file motions to suppress incriminating evidence or statements based on Miranda violations.\u00a0 A successful motion may so compromise the prosecutor\u2019s case that the prosecutor agrees to dismiss or substantially reduce the charges.<\/p>\n
However, the Supreme Court has recently limited the protections of Miranda so it is critical that you clearly articulate your desire to exercise both rights.\u00a0 You should not discuss your case with anyone and should clearly indicate that you are invoking your right to remain silent and do not want to answer any questions until you have obtained an attorney who can be present during any questioning.\u00a0 The police may try to persuade you to sign a waiver or verbally agree to waive these rights.\u00a0 They may even suggest that it will result in less punishment or that you may be able to go home.\u00a0 This is absolutely false; it will never help you to speak to the police.\u00a0 You should invoke your rights and shut up!<\/p>\n
A common mistake many people make when arrested is to lie to the police.\u00a0 This rarely goes well and eventually ends up creating more problems.\u00a0 It is very difficult to lie effectively during a police interrogation so the result is usually simply conflicting contradictory statements or statements that are clearly not supported by the evidence.\u00a0 These contradictions will typically be used at trial if you did not invoke your Miranda rights.\u00a0 These statements may be used in a variety of ways.\u00a0 They may provide evidence that you committed the crime, point the police to other damaging evidence, suggest that you are dishonest and not truthful at trial or simply make you look less sympathetic to the jury.<\/p>\n
An additional problem posed by lying is that this can in some situations be an independent basis for criminal liability.\u00a0 Depending on the law enforcement agency and surrounding circumstances, it may be easier to prosecute you for lying during an investigation than to convict you of the underlying offense.\u00a0 A good example of this scenario in the media is Barry Bonds perjury case.\u00a0 Bonds is not facing charges for using steroids but for lying to Congress about whether he used steroids.<\/p>\n
The bottom line is that the protections of Miranda are a very powerful tool.\u00a0 It can sometime be difficult to determine the precise moment that Miranda protections begin because you must be \u201cin custody\u201d before the officers are required to give a Miranda warning.\u00a0 While a formal arrest will often denote the moment a person is in custody, the exact moment may occur earlier if you were not free to leave.\u00a0 You may even ask if you are free to leave.\u00a0 If you are free to leave, then do so.\u00a0 If not, you should immediately remain silent and invoke your right to speak to an attorney.\u00a0 At Cummings and Cummings, LLC, we represent those charged with all types of crimes including DUI, misdemeanors and felonies.\u00a0 We have over 30 years of collective experience defending citizens from Wichita and throughout south-central Kansas.\u00a0 When your freedom and reputation hang in the balance, Cummings and Cummings will fight for your future.\u00a0 Call us today at (316) 264-1548!<\/strong><\/p>\n","protected":false},"excerpt":{"rendered":" While it is difficult to quantify the exact number of those arrested for Kansas criminal offenses that either made the case for the prosecutor or at the very least provided critical evidence, there is no denying that the number of cases is substantial.\u00a0 Most people who are arrested provide damaging incriminating statements or lie creating […]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[23],"tags":[],"_links":{"self":[{"href":"https:\/\/billcummingsllc.com\/blog\/wp-json\/wp\/v2\/posts\/63"}],"collection":[{"href":"https:\/\/billcummingsllc.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/billcummingsllc.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/billcummingsllc.com\/blog\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/billcummingsllc.com\/blog\/wp-json\/wp\/v2\/comments?post=63"}],"version-history":[{"count":3,"href":"https:\/\/billcummingsllc.com\/blog\/wp-json\/wp\/v2\/posts\/63\/revisions"}],"predecessor-version":[{"id":77,"href":"https:\/\/billcummingsllc.com\/blog\/wp-json\/wp\/v2\/posts\/63\/revisions\/77"}],"wp:attachment":[{"href":"https:\/\/billcummingsllc.com\/blog\/wp-json\/wp\/v2\/media?parent=63"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/billcummingsllc.com\/blog\/wp-json\/wp\/v2\/categories?post=63"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/billcummingsllc.com\/blog\/wp-json\/wp\/v2\/tags?post=63"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}