If the police question me and do not advise me of my Miranda rights, can they use my statements against me?
If your statement was obtained in violation of your Miranda rights, the higher courts have ruled that in most circumstances your statements could be used to impeach you if you should take the stand in your own defense. The higher courts have ruled the police can try and elicit statements from you even after you have told them you want an attorney present. You have to be diligent and repeatedly assert your right to silence.
(Reviewed 12-08) |