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Domestic Violence and Miranda Warnings

At the Orange County Law Office of David P Schwarz we have represented numerous clients in the their defense of domestic violence charges and whether the miranda warnings were valid. Please contact our office at 949 735 9266 or via the web. We can also be reached by email at dpslaw66@gmail.com.

A domestic violence attorney can assist you in defending against violations of miranda warnings. A suspect may not be subjected to custodial interrogation unless he or she knowingly and intelligently has waived the right to remain silent, in the presence of his or her attorney, and to appointed counsel if the suspect is indigent.1Violation of Miranda can render the suspect's statement inadmissible.

A domestic violence lawyer will outline the requirements for proper miranda warnings. For Miranda procedures to apply there must be: (1) an interrogation; (2) by a police officer or the officer's agent; and (3) while the suspect is in police custody. The suspect must also have standing to raise a Miranda violation. The Miranda rule does not apply to every situation involving the questioning of a suspect in a criminal proceeding. It does not apply, for instance, to police questioning persons not under restraint at the scene of an investigation. It also does not apply to an interrogation at a defendant's house days after his initial interrogation. Pre-Miranda statements are also admissible if law enforcement's questions are not reasonably likely to elicit an incriminating response. Thus, law enforcement may converse freely with a suspect in custody if their initial questions are only an attempt to establish rapport with the defendant and are unlikely to implicate him in a crime.

A domestic violence attorney will assist you in defending against charges. The Miranda requirements apply whether the offense is a felony or a misdemeanor.The crucial distinction for purposes of Miranda is not between a minor offense and more serious crimes but between custodial interrogation and less formal police questioning (arrest of a drunken driver who made incriminating statements at the scene and later at the jail).

At the Orange County Law Office of David P Schwarz we will argue any procedural criminal procedure violations. The fruit of the poisonous tree doctrine does not apply in the case of Miranda violations, so that an admission made without benefit of the required warnings must be suppressed, but the admissibility of any subsequent statement turns on whether it was knowingly and voluntarily made.

An officer's repeated, deliberate violation of a suspect's Miranda rights also invalidates subsequent confessions. A proper warning following an illegal arrest does not necessarily purge the original taint and makes subsequent voluntary statements admissible, unless the defendant is lawfully in custody when given the Miranda warnings. This needs to be watched carefully for overreaching police officers.

At the Orange County Law Office of David P Schwarz we will fight for you against unwarranted police interrogations in domestic violence cases. Please contact our office at 949 735 9266 or via the web. We can also be reached via email at dpslaw66@gmail.com.

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