Our constitutional “Miranda” rights entitle anyone arrested in Connecticut (or the United States for that matter) to be advised by police that they have the right to remain silent and the right to an attorney prior to making any statement to police officers. But what happens when the Stamford, Greenwich or Darien Connecticut police fail or forget to advise you of these Miranda rights? Can you get your Connecticut arrest dismissed if you were never advised of those rights? The best Stamford and Greenwich Connecticut law firms are asked this question all the time, and it’s true…if you are arrested in Stamford, Greenwich, Darien, Westport or anywhere in Connecticut and were not advised of your constitutional “Miranda” rights, then there’s a chance that some or all of the prosecution’s evidence can be suppressed and thrown out of court. But this doesn’t happen quickly and involves investigation and technical motion practice.
So if you think your rights were violated by the Stamford, Norwalk, Greenwich or New Canaan Connecticut police departments, keep reading to know what you need to do next and why you must do it quickly…
When Connecticut police come to your home or office, or approach you during a routine traffic stop, they will often pepper you with questions that may at first seem harmless and innocent enough: “How are you doing today?” “Where you headed?” “We are doing a routine check of the neighborhood, do you mind if I ask you a few questions?” The irony in a police investigation is that the law doesn’t require police to be honest with you during an investigation, but you, on the other hand, are under a strict legal obligation to always make truthful statements to police officers. That’s why the best Stamford and Greenwich Connecticut criminal lawyers and attorneys always tell their clients to say nothing before making a false statement. Thus, as top Darien, New Canaan and Stamford criminal attorneys and lawyers firmly believe, the first thing you should do when police start questioning you during an investigation or begin to question you in the police car or police station after an arrest, is to STOP TALKING, and ASK TO CONTACT A CRIMINAL LAWYER RIGHT AWAY. Don’t sign away any rights. As soon as you do this, you’ve invoked your Miranda rights and you are now constitutionally protected.
So here’s something the police don’t want you to know, but can help you get evidence in your Stamford, Greenwich or Darien Connecticut arrest dismissed: Ask the police officers to make a note in their reports of the exact time that you made a request to speak to a Connecticut criminal lawyer attorney, even if you weren’t able to get in touch with them. And say the time out loud for the audio and video surveillance system that may be recording you, such as the police car dashboard cam or the booking video system in the police department. The reason why this is so significant is that any statements made after that timestamp—or any evidence that is discovered as a result of those statements made after the time of the request—can be suppressed and thrown out of court if the police did not give you ample time and opportunity to speak to a top Stamford, Greenwich or New Canaan Connecticut criminal lawyer attorney. So remain calm, respectful and make clear and unequivocal verbal demands for the following: (1) the right to immediately speak with a criminal attorney, and (2) that the arresting officer record in his or her reports the exact time that your demand was communicated.
Finally, the best Stamford, Norwalk and Danbury Connecticut criminal law firms are well-versed and experienced in preserving audio, video and digital evidence that proves you were not properly advised of your Miranda rights during your Connecticut criminal arrest. Getting the Norwalk, Stamford and Danbury Superior criminal courts to order the preservation of this evidence at your first court date is absolutely critical, as we all know that evidence that helps you and hurts the police can quickly disappear if not ordered preserved by a judge. So make sure you talk to your top Norwalk, Stamford or Danbury Connecticut criminal lawyer attorney about filing the appropriate motions to preserve the video evidence from the police dashboard cams, booking rooms and body cams. All of this evidence may be helpful to your case and may make the difference between a dismissal and guilty verdict. (Note of caution, however: there are times when preserving this evidence will not be helpful to your case, so trust your top Connecticut criminal lawyer to make the ultimate call on this preservation issue).
Not being advised of your constitutional rights to an attorney and to remain silent is probably one of the most sacred rights under our state and federal constitutions. So if you feel that the police have deprived you of these rights, or that you were not given a reasonably amount of time to contact a Connecticut criminal lawyer, then call one of the experienced criminal lawyers at Mark Sherman Law today to protect your rights and preserve the evidence necessary to possibly suppress evidence and get your case dismissed. Feel free to read our Avvo.com independently certified client reviews, and call us today. We are available 24/7 at (203) 358-4700.