by: KATIE MARASCO, ESQ.

The Supreme Court just made it a little easier for police and prosecutors to question suspects without having a lawyer present. If you have ever seen a crime show on tv, which no doubt you have, you have heard the Miranda warnings given to suspects as they are being arrested by police. Since 1966 when the Supreme Court heard Miranda v. Arizona, and decided that a confession given to police was not allowed as evidence because the suspect had not been told he could remain silent and that he could have a lawyer present, these warnings have been required before a suspect can be questioned.

The Miranda warnings state “you have the right to remain silent… you have the right to have an attorney present” and so on. The Supreme Court, 5 Justices to 4, allowed a letter written by a suspect to be used as evidence despite the fact that the letter was written in the presence of police and without his court appointed lawyer. In this case the suspect had never confirmed that he wanted help from the attorney appointed to him.

Fore more information on your rights upon arrest and before interrogation visit LawInfo to find a criminal law attorney in your area.