This is a discussion on Mirandized, question for LEOs within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; you do not need a lawyer, you will not be charged with a crime. If they planned on charging you they would have buy now. ...
you do not need a lawyer, you will not be charged with a crime. If they planned on charging you they would have buy now. I am assuming that at the time of questioning all the facts had not yet been determined. When they questioned you they had not yet decided if you had acted in self defense or assaulted the guy.
You were read your rights because the investigating officer or his leadership can't grasp the simple rules on when a miranda warning must be given. They are (1) you are being questioned and (2) you are in custody (under arrest) or a custody like environment where an innocent citizen would reasonably believe that they were in custody (such as handcuffed in the back of a patrol car). Both elements must exist for a warning to be mandated.
The most likely scenario is that the crook went to jail and is either awaiting trial or has plead to the offense already.
A simple phone call to the DA's office with the simple question of "Do you have any active cases or charges pending against me" should give you the answer you need. If they say no, why do you ask you can tell them if you want or just say, ok thank you.
Nothing in that conversation would be able to be used against you and you don't need to pay a lawyer to ask a simple question like that.
Just remember that shot placement is much more important with what you carry than how big a bang you get with each trigger pull.
Texas CHL Instructor
Texas Hunter Education Instructor
Thanks guys, that pretty much confirmed my thinking. No, I was not arrested nor fingerprinted. The bad guy went to jail just before my statement was made. The sheriff had called him to come in and give a statement, and the guy's girlfriend, who was with him for this incident, called in and confirmed my whole side of the stroy. They had just had a fight, you see. So when the guy showed up the sheriff knew exactly what happened and just let the guy paint himself into a corner. The interrogation was hilarious to watch.
Ah, well, I think I'll keep my mouth shut for a while yet, but thanks to Marc Denny and Gabe Suarez, it turned out fine.
"What does Marcellus Wallace LOOK like?"
OK, I hope this is OK here and not Hijacking, but the consensus seems to be that the comments AFTER the miranda can be held against you. I agree there (easy enough since that is stated in the warning). But couldn't the same be said for any comments to an officer before you were read your rights?
and, for the second part. Would any notes by the officer taken before the warning actually be saved for future use by anyone for anything like a civil case or do they only save the comments after you are read your rights?
Side note, about 10 years ago there was a police involved shooting here... with out going into details, the state police showed up to do the investigation to verify if it was a good shoot.
The state Mirandized the city officers involved, and yes they kept there mouths shut until a FOP lawyer was with them.... so... if some one doing their job (LEO) knows what to do to cover there butt legally, you better believe a citizen should also....
sorry to side track your thread a bit...
Routine interview=No Miranda
Rule of thumb. Looks like the investigating officer was unsure of his use of Miranda standing. Or on the other hand if he thought he might have to take you both in he covered his butt just in case. In some instances the officer will arrest both parties and let the judge/ prosecutor decide from there.
One more step and it's on!
Voluntary Statements are admissible. Before or after Miranda. Best advice: LEO isn't there representing you at all. He is gathering his information for testimony later. LEO's make statements and ask a lot of questions that are intended to draw you into a conversation and they will write it down even if you don't say it right. Therefore, keep your mouth shut, only state that you are not making any statements and if applicable are not consenting to any searches, and that you want your lawyer. You are the ONLY one representing YOU at the time. Turn on your recorder or phone to back up your refusal to give statements and refusal to consent to requested search, if any.