My name is Robert Healey and I am a lawyer that limits his practice to OVI defense in southwest Ohio. Currently I manage the DUI office in Dayton, Ohio, where I attended law school. This blog is written by me to help potential clients in the Dayton area that have been charged with an OVI.
In 1966 the Supreme Court decided a case called Miranda v. Arizona. This was the case that established that the police have to read you your rights before interrogating you while in custody.
It was thought at the time that this would remedy the fear that the police can be so coercive in asking you questions while in custody that it would prohibit a defendant from exercising their rights to counsel and to remain silent.
More criminal cases are lost before they begin because of a defendant’s statements than any physical evidence could ever prove. A lawyer will often be able to stop the flow of information from defendant to police when consulted first.
This method encouraged police to find facts independent of the confession. It also stems from a long history of man beating a confession out of someone and using that as the sole reason for their punishment or execution.
However, the modern trend seems to be stepping away from our old fears and placing less of a burden on the police. In at least one case, a defendant was not deemed to have had his will overborne by the police where he was repeatedly questioned in custody for over three hours.
It is always a good idea to speak to a lawyer before speaking to the police. They have no duty to have your best interests and rights in mind.
If the police are asking you questions it is important to tell them that you wish to invoke your right to remain silent, right to counsel, and do not wish to answer any questions at this time.