March 2023 eNewsletter Issue no. 79
What You Need to Know About Miranda Warnings and
Your Right to Remain Silent
Most people are aware of the fact that there is a Fifth Amendment right against self-incrimination. And we’ve all seen movies and TV shows where the police advise a person of their “Miranda rights.” But when is a Miranda warning required to be given? And what are the consequences of a Miranda violation? In this video, Managing Partner David P. Shapiro addresses some common misconceptions about Miranda rights.
 
At the outset, David notes that your constitutional right against self-incrimination under the Fifth Amendment means, among other things, that you have no obligation to speak to law enforcement. That fact exists whether or not you have been advised of your Miranda rights. The police are obligated to provide you with a Miranda warning – a recitation, among other things, of your right to remain silent – only when and if you are "detained" and “under interrogation.” These situations include, but are not limited to, instances where you have been arrested. If you choose to speak to the police after being advised of your right to remain silent, or if you elect to provide information to the cops before you have been detained, that information can and will be used against you, including seeking to have you charged and convicted of a crime. On the other hand, should the police violate your Miranda rights, this may preclude the use of your subsequent statements at trial.
 
If you have any questions about Miranda warnings, or any other issue involving a criminal charge, contact a quality, locally experienced, criminal defense firm. We can be reached at 619-295-3555.
How to Have Your Arrest Records Sealed
It may surprise you to learn that if you are arrested, even if the charges are dropped or you have been found not guilty, the record of your arrest is still viewable by the public. Associate Attorney Elmira Yousufi explains in this video the various ways in which you can have your arrest record sealed. If you are successful, the record of the arrest will no longer be available to the public, although the record may still be available to government agencies.
 
Your arrest record may be sealed if you are able to prove “factual innocence.” Elmira provides an example of a client whose identity was stolen, after which an arrest warrant was issued against another person in the name of her client! This provided the basis for a successful assertion of factual innocence, leading to the charges being dismissed and the client’s arrest record being sealed.
 
You may also have your record sealed if you can demonstrate “legal innocence.” This can apply in several different circumstances: (1) you were arrested but never charged with a criminal offense; (2) you were arrested and charged with a crime, but the charges were later dropped; (3) you were arrested and charged with a crime, but subsequently found not guilty at trial; or (4) you completed a diversion program as part of a plea agreement.
 
Contact us at 619-295-3555 if you would like to find out more about whether you are eligible to have your arrest record sealed.
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San Diego, CA 92103
Phone: 619-295-3555
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This newsletter is for meant for informational and marketing purposes only, and should not be relied on as legal advice. Viewing and/or use of the newsletter, including sending email or submission of forms, does not create or constitute an attorney-client relationship. Any endorsement, testimonial or other statement contained in or referred to in this newsletter is not a guarantee, a warranty or a prediction of a particular result in your case. Our attorneys are active members of the State Bar of California and are admitted to practice law in any and all California state courts and in the Southern District of California federal courts.