Oct 23, 2020
Under What Circumstances Can You File A Motion To Suppress Evidence?
Sometimes a defendant does not realize that they are officially being
interrogated. If you are in an interview room in a police station, in
the custody of the police (i.e. you've been placed under arrest) then it
is crystal clear you are being interrogated. You will almost certainly
have been read your Miranda rights before being interrogated in a police
station. Since these interviews are almost always filmed, it is almost
impossible now for one of these interviews to take place without a full
and proper Miranda warning.
However, sometimes a defendant is questioned in a setting that is not a
police station. One of the most common places outside of a police
station to be interrogated is the hospital. Gunshot perpetrators and
victims alike often end up in the hospital, the same goes for
perpetrators and victims of other violent crimes.
It is very likely that an officer will question a suspect while they are
at the hospital. They will almost certainly read the suspect their
Miranda rights before doing so. There was a case recently in New Jersey
where a woman was charged with vehicular homicide and DUI. She was
questioned by officers in her hospital bed. She was read her Miranda
rights before being questioned and signed that she had been read them.
She was convicted of multiple offenses and appealed on the basis that
the evidence from the interview should be suppressed, that she was in
shock and didn't realize she could be interrogated in any place other
than a police station. Well, the judge didn't buy it and her convictions
were upheld. Signing away your right to counsel is just that. So call us
if you are ever arrested for or charged with a crime. If you live in
Burlington, Essex, Colchester, Winooski, Williston, Shelburne, or
anywhere in the state of Vermont, and have been arrested or charged with
DUI or any crime, call Handy Law for aggressive and experienced legal
defense.