Head down and questioned by policeThis post concludes and recaps our series on whether a Little Rock, Arkansas defendant may have “waived” their Miranda rights when speaking with law enforcement. We felt it was necessary to write on this topic as many defendants make the mistake of thinking there “is nothing they can do” after they have spoken with the police. The fact of the matter, however, is that there are times in which a defendant did not offer a valid waiver of their rights. When this situation arises it is possible to exclude any offered statements from the Court’s proceedings. The goal of our last several posts has been to show that you may still have legal options if you spoke with the police after having been arrested. If you need assistance then contact our office today to speak with a criminal defense attorney.

We have discussed several topics over our recent articles. Issues which we have analyzed include:

There are several reasons why defendants should understand these topics. First, a defendant may choose to speak with law enforcement after having waived their right to remain silent. If a valid waiver is given that any statements, made to the police, will be admissible in Court. Second, a waiver will only be considered valid if a defendant makes it knowingly and intelligently. Third, a waiver can be implied and a defendant does not need to explicitly state that they wish to waive their rights. Fourth, even if one chooses to speak with the police then they may be able to re-assert them at a later time. Fifth, the process for challenging the validity of a waiver will include the filing of a Motion and the attendance of an evidentiary hearing.

One point we have stressed through each of these articles is that it is vital for you to speak with an attorney who is experienced in handling such matters. The validity of a Miranda waiver is a fact specific question and whether or not to challenge the matter in Court will depend on your particular situation. Patrick Benca and our Little Rock lawyers have extensive experience in such matters. Contact us today for assistance. We also handle matters in Fayetteville, Fort Smith, Springdale, Jonesboro, North Little Rock, Conway, Rogers, Pine Bluff and throughout the rest of the state.