[Public Service Announcement] The Rule of Miranda in The State of San Andreas

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Colt Daniels
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[Public Service Announcement] The Rule of Miranda in The State of San Andreas

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San Andreas Judicial Branch

The Rule of Miranda in The State of San Andreas
"HERE FOR YOU | SAFE FOR YOU"

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  • Citizens of San Andreas,

    Since the release of the San Andreas Judicial Branch one thing remains a constant - the questions our attorneys receive regarding Miranda Rights and what can and cannot be used against you in a court of law. Due to this, we are releasing this announcement to ensure all citizens are informed.

    Recently, the Supreme Court Justices sat down with the Board of Commissioners to draft a clarified set of Miranda Rights that are to be read to an individual upon that individual's arrest. The new Miranda Rights that are used by the Los Santos Police Department and Los Santos County Sheriff's Department are as follows;

    • "You have the right to remain silent;
      Anything you say can and will be used against you in a court of law;
      You have the right to a government appointed attorney to be present during legal questioning;
      If you request one, one will be appointed for you free of charge;
      Do you understand these rights?"

    The Miranda Rights refer to a specific reading of an individual's rights as they pertain to an arrest or search of that person. These rights are incredibly important; firstly, because an individual's rights and freedoms may be impacted by what is about to happen, and secondly, because the consequences of not reading those rights have profound implications on the admissibility of evidence. Should an individual not be read their rights after they have been arrested and their person has been searched, a judge may rule that any statements made after the arrest of the suspect or evidence retrieved from the suspect's pockets would be inadmissible and thus unable to used at trial.

    Being the first right to be read to an individual, the right to remain silent is one of the most important rights to an individual when facing a criminal charge. This right protects an individual against self incrimination because, without being made aware of an imminent arrest or search of their person, they may provide statements that they otherwise wouldn't have, had they known of the right to remain silent.

    An individual's right to remain silent not only extends from the scene of an arrest or search, but also to the courtroom. An individual may not be compelled to testify against themselves in a criminal case. As such, there is an unlikely chance that a judge would grant a Motion to Compel Discovery filed by the prosecution for evidence from the defense without a very compelling argument as to why the prosecution is entitled to certain information to be provided by the defendant.

    Miranda Rights are not required when an officer is asking investigative questions during a traffic stop or when you voluntarily and consensually speak with police. If you are concerned with the possibility of self-incrimination, it is best practice to verbally exercise your right to remain silent, even if the officer has not informed you of this right, by stating something along the lines of "I am exercising my right to remain silent."

    As a clarifying statement to the right to remain silent, this second statement in the Miranda Rights indicates to an individual that if they choose not to exercise their right to remain silent, any statements made after the reading of their rights can and will be used as evidence during the criminal trial.

    The right to speak with a government appointed attorney is, obviously, at the heart of the Judicial Branch and this allows for citizens to be able to speak with somebody more knowledgeable about the Penal Code, their rights, and the implications of being found guilty for the crimes that they are alleged to have committed.

    They key phrase in this statement, however, is 'during legal questioning.' An individual does not have the right to call an attorney if they are simply being pulled over for a speeding citation received during a traffic stop. Not only are citations not able to be disputed in the Superior Court, but also, the law enforcement officer isn't necessarily conducting legal questioning.

    Law Enforcement officers might avoid arresting people and make it clear to them that they're free to go, precisely so they don't have to give the Miranda Warning. Then, they can arrest the suspect for the crime that was just admitted to after getting the incriminating statement they wanted all along.

    If you are subject to custodial interrogation and the police do not offer Miranda Warnings, any statements made to police may be subject to suppression. A violation of Miranda Rights doesn't necessarily mean that the officers had coerced the statement out of the suspect, but if they did, not only is the statement inadmissible, but so too is any evidence that the law enforcement officers obtain as the result of it.

    To give a definition of Custodial Interrogation; The term "custodial" refers to the suspect being in custody - it doesn't necessarily mean handcuffs. Rather, it means that the police have deprived the suspect of his or her freedom of action in any significant way. The term "Interrogation" means questioning - this questioning can be in the form of an officer asking the suspect direct questions, or it can be comments or actions by the officer that the officer believes are likely to produce an incriminating reply.

    Another important aspect of the Judicial Branch that the general public might not be aware of is the fact that attorneys will be provided to them in criminal cases free of charge. There may be associated court fees applied if the defendant is found guilty of all of their charges, but speaking to an attorney and preparing a case in and of itself is provided to them at no cost.

    The final statement, or question rather, is to ensure that somebody has been paying attention or is actively confirming that they understand the rights as they have been read to them. Should a person not reply or answer no to this question, law enforcement officers should read the Miranda Rights once more, but anything after that is not required.

    We hope this Public Service Announcement provided a better understanding in regards to the rights afforded to citizens of San Andreas while in police custody. For further clarification or questions on any matters within this announcement please reach out to on of our licensed attorneys. Stay safe and stay healthy.

    Respectfully,

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    Chief Justice
    San Andreas Judicial Branch
    (909) 402-9713 — [email protected]

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    Associate Justice
    San Andreas Judicial Branch
    (909) 257-9183 — [email protected]
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