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Miranda Rights and Initiating Further Communication with the Police

By Walin & Klarich

The United States Supreme Court has made it clear that an accused person who invokes his right to have counsel present during custodial interrogation may not be subjected to further interrogation by authorities without the presence of counsel, unless the accused initiates further communication with the police. Edwards v. Arizona (1981) 451 U.S. 477; Minnick v. Mississippi (1990) 498 U.S. 146. However, the right to counsel attaches only with respect to the specific offenses for which the prosecution has been initiated. People v. Clair (1992) 2 Cal.4th 629. When facing criminal charges it is critical to speak with an experienced criminal defense lawyer. With your reputation on the line, you need help from an attorney who knows the current law and what it takes to defend you in a criminal case...continue to full post

Full post as published by Southern California Criminal Defense Blog on June 21, 2009 (boomark / email).