Under Maryland criminal law, the Miranda warning, which includes advising the accused of his right against self-incrimination and the right to be represented by an attorney has been a fundamental protection afforded to those accused of a crime.  However, the protections afforded by Miranda to those charged with a crime have recently been weakened by two recent Supreme Court cases.  The impact of these Supreme Court decisions makes it critical that the accused understands his Fifth Amendment Right to Remain Silent and Sixth Amendment Right to an Attorney.  If a person is arrested, he should seek the legal advice of a Maryland criminal lawyer as soon as possible.  A criminal defense lawyer will also advise someone who has been arrested not to speak to authorities.

The U.S. Supreme Court recently ruled in a Maryland case that a confession is admissible even after the accused has invoked his right to remain silent or to have a lawyer present during questioning if questioning is re-initiated after a 14 day period of time.  In a separate case, the Supreme Court ruled that omitting any reference to the right to an attorney and to have him present during questioning does not make a confession or incriminating statement inadmissible.

A person accused of a crime under Maryland criminal law often compounds his legal problems by trying to “explain his side of the story” without the benefit of legal counsel.  When someone is arrested, it is frightening and stressful so it is not surprising that those arrested often tell police officers things that are inaccurate or inconsistent.  These inconsistencies will later be used to show consciousness of guilt and that the accused is a “liar.”  Because of the recent changes to the Miranda rule, it is important that those accused of a crime do not speak to officers upon arrest or detention and immediately request to have an attorney present for any questioning. 

Officers will frequently try to convince suspects that they can “help their situation” by cooperating.  In reality, the accused rarely improves his situation by talking to police officers without a criminal lawyer.  If you or someone you love has been arrested and need a Maryland criminal lawyer, click here.