cop / lawyer secret get-out-of-jail-free and other insider knowledge? For example...?

Question

for example - what if every show on tv didn't show cops giving ppl their Miranda warning and nobody really knew about it but you, and the cop didn't read you your rights, you get out of prosecution, right?
Well what other useful things might there be to know?

Thanks to all of those who have firsthand knowledge of this; however, I do not believe that by not breaking the law I'll remain safe from imprisonment (nor will you). Plenty of innocent ppl in jail already.
I merely hope for a little knowledge that may help for when I am threatened thusly.

Answer 1

Your question illustrates the most common misperception of criminal law in the United States: the Miranda law.

The Miranda requirement is actually pretty simple to understand, but very few non-attorneys get it. I'll try to make it simple:

The police are only required to read you your Miranda rights if you are (1) in custody (that is, arrested) AND (2) they are asking you questions knowing that you may incriminate yourself. That's it. If either of those two factors don't apply, they don't have to read you your rights. In addition, if they are asking on-scene questions (ie. just arrived at a crime scene) and are trying to sort out what happened, Miranda doesn't apply.

But most importantly, even if the police did not read you the Miranda Warning and the court rules that they should have, that does not mean that the case is dismissed. It merely means that any statements that you gave AFTER they should have read you the Miranda Warning cannot be used against you at trial.

And even then there is another exception: If the court suppresses your "confession" because the Miranda Warning was not read to you under circumstances when it should have been, and you take the stand at trial and testify to something blatantly different than the suppressed confession, the prosecutor can usually bring in your confession anyway on cross-examination.

So you can see that a Miranda violation is not exactly a "get out of jail free card." That only works if the only evidence the police have against you is your confession and your confession was suppressed due to a Miranda violation. But that rarely happens, because prosecutors usually will not charge out cases based upon confessions alone, there must be additional evidence. Most states will not even allow someone to be convicted based upon their confession alone --there has to be evidence to corroborate their confession. The guy who confessed to the JonBenet crime is one example.

Answer 2

Actually, if the cops didn't read you your rights your case would still not just go away. The police only have to read you your rights when you are (1) in custody and (2) being questioned regarding your case. If the police forget to read your rights your statement would be suppressed and that's it. You could and would still be proseucted.

There are no secrets, no "get out of jail free" cards.

The best insider tip I an give you from an 11 year law enforcement career - DON'T BREAK THE LAW AND YOU WILL NEVER HAVE TO WORRY ABOUT PROSECUTION!

Answer 3

Here's a good one to know... If they cuff you and put you in the back seat, but forget to put the seat belt on you, they can get a ticket by another officer for lack of seatbelt use! Yeah, no kidding. Of course, it won't get you off the hook, but you'll have a great story to tell the other guys in jail while they are trying to raise your singing voice an octave or two.

Answer 4

What are you talking about? Miranda only has to be read if the Police arrest you and they want to ask you questions pertaining to the arrest. as far as a tip to get out of prosecution, heres a new one for you, try not breaking the law!

Answer 5

Ok, here's one. Don't break the law. It's worked for me. I've never yet had to go to jail. Except to visit folks who had a hard time learning that tip.

Answer 6

merely verify out the source, aljazeera. They set up pictures to healthy their own purposes. the comparable "lifeless" man or woman can seem in diverse diverse places. They set up situations merely waiting for his or her popular information medium -- aljazeera. Israel has agreed to each peace plan ever submitted. The Palestinians have agreed to NONE. what variety of human beings advance their babies to grow to be suicide bombers and deliver them into inns, finding out to purchase aspects, hospitals or anyplace else the place they are able to looking great crowds of harmless human beings? what variety of a mom could blow herself up on a similar time as wearing an invaluable baby? what variety of human beings use each and all of the international help they acquire to purchase munitions rather of making an infrastructure? Why are the Palestinians Israel's subject? Why are not they allowed to immigrate to any of the surrounding Arab international places? Israel did no longer want the Gaza strip and tried to return it to Egypt -- why did Egypt refuse it? Why would not Jordan take greater duty for the West economic enterprise? Why do no longer the surrounding *Arab* international places take greater responsiblity for a non violent contract rather of offering hands/munitions? .

Answer 7

"DON'T BREAK THE LAW AND YOU WILL NEVER HAVE TO WORRY ABOUT PROSECUTION!" I guess most of the people who have been released from Gitmo recognise the truth of that statement. None of 'em have been prosecuted. problem is, their lives have pretty mauch been ruined for them.