If you are ever contacted by Federal Agents as part of an investigation, the first thing you should do is remain silent and ask to contact a Federal Criminal Lawyer because the Federal criminal justice system is an overwhelming place to be. Even though you may have given incriminating statements to Federal Agents, there still may be hope of excluding those incriminating statements and keeping you out of jail.
The most common ground for suppression of statements is a violation of a person’s Miranda rights, which are warnings to guard against self-incrimination during the interrogation of suspects in settings dominated or controlled by law enforcement officers. Statements elicited through a “custodial interrogation” cannot be used against someone unless the Miranda safeguards guarantee that the accused has been informed of and freely waived his/her right to remain silent and right to have an attorney present prior to the interrogation.
First, was the questioning done in a “custodial interrogation” setting?
• Would a reasonable person in the same situation have felt he/she was not at liberty to terminate the interrogation and leave?
• Where did the questioning take place? Particular locations are more threatening than others.
• Were the statements made by the suspect in response to government interrogation or express questioning?
• Were the statements incriminating?
Next, did law enforcement officials administer the Miranda warnings. Contrary to popular belief, a Federal Agent’s failure to administer the Miranda warnings to a suspect is not by itself a violation of his/her rights; a violation of the suspect’s rights occurs only when an “un-Mirandized” confession thereafter is introduced at a criminal trial.
Last, if the Miranda warnings were given:
• At what point were they given?
• Were they adequate?
• Were they waived? Was the waiver voluntary, knowing and intelligent?
• Were the Miranda rights invocated
To navigate through the Federal Court system successfully and have a better chance of not being charged with a Federal Crime, you must contact Wallin & Klarich to help you or your loved one. With over 30 years of experience as Federal Criminal Lawyers, Wallin & Klarich will assist you in this difficult time. Visit our website at www.wklaw.com or call us at 888-749-0034.