This is the next post in our series on the handling of embezzlement charges in Little Rock and throughout Arkansas. Our last article focused on search and seizure issues in embezzlement cases. It is important to understand that evidence can be excluded from Court if the police violated your rights. This concept also applies to statements made to the police. In this article we will focus on how such statements may be excluded if police violated your Miranda rights. We cannot stress enough the fact that you should contact a criminal defense lawyer immediately if you are facing criminal charges.
Little Rock residents may find that Arkansas police may have violated the Fifth Amendment in an embezzlement case
Most Americans are familiar with their Miranda rights. These are the right to remain silent when being interrogated by law enforcement and to have an attorney present during any questioning. The Fifth Amendment guarantees these protections and they apply in any situation where one is in police custody (meaning that they do not feel free to leave) and is undergoing questioning from law enforcement. Police are not allowed to threaten, intimidate, or use other measures to make a person feel that they are required to speak with law enforcement. A defendant may waive their right to remain silent and speak with the police but the waiver must be made “knowingly, intelligently, and voluntarily.”
Arkansas police, or federal law enforcement officers, sometimes violate the protections above when investigating an embezzlement case. It is common for such officers to inquire about particular financial transactions, the defendant’s role in handling money or property, and what the defendant’s intentions were at a given time. If a Little Rock defendant is not informed of their rights, and statements are taken, then it is possible to exclude such statements from court proceedings. It is also possible to exclude statements from proceedings if they were taken without the defendant giving a valid waiver.
A Little Rock criminal defense attorney can help with Fifth Amendment violations in an embezzlement case
Those charged with embezzlement should immediately contact a lawyer if they feel their Fifth Amendment rights have been violated. Counsel’s first step will be to file a “Motion to Suppress” any statements from court proceedings. An evidentiary hearing will be held shortly after the Motion is filed. The officers will testify regarding the conditions under which the statements were given and your lawyer will have the opportunity to examine them. At the close of testimony the Court will determine whether the Fifth Amendment was violated. If the Motion is granted then any statements would be ruled inadmissible at trial.
Contact our Little Rock criminal defense attorneys immediately if you are charged with embezzlement. Our counsel have over twenty-five years of combined experience and will assist you with the process described above. We are ready to assist you. We also handle matters in Fayetteville, Fort Smith, Springdale, Jonesboro, North Little Rock, Conway, Rogers, Pine Bluff and throughout the rest of the state.