“I was wrongly convicted of murder. I spent nearly 17 years in prison fighting my case. When I finally won a new trial, I chose Greg Robey to be a part of my defense team. He found an FBI agent who had worked on the case in the 1980s, along with critical pieces of evidence that we thought were long lost. After a long and very hard-fought trial, I was found Not Guilty of all charges. I owe my freedom to Greg Robey and my defense team.” -R.R., Ravenna, Ohio
Under the Fifth Amendment protections against self-incrimination, which were famously outlined by the Supreme Court’s Miranda v. Arizona decision, you have the right to remain silent while in custody and the right to have an attorney present during questioning. However, these protections are only triggered where you are “in custody,” meaning when a suspect is significantly deprived of his or her freedom of action.
There have been many important cases regarding Miranda rights since the decision was made, including;
An officer would like you to feel as though you are in custody, without you technically being in custody. That way, you feel obligated to stay and answer questions, without being reminded that you have the right to remain silent. When being questioned by a police officer, ask him or her if you are free to leave. If the officer says no, demand to speak to an attorney and state unequivocally that you are invoking your right to remain silent.
For strong representation, contact a knowledgeable Ohio criminal defense attorney who can protect your rights.