Perhaps not. Although the fact that you executed a written waiver of Miranda rights creates a strong presumption that you waived your right to remain silent, or to have counsel present during questioning, the burden is still on the prosecution to prove its validity. A waiver of rights is not effective unless it was obtained voluntarily, that is, without coercion, threat or promise.

Frequently Asked Questions

 


Q:

I was brought in for questioning and signed a Miranda waiver even though I did not want to do it -- the police threatened to arrest me if I did not talk to them. I was arrested anyway after I talked to them. Am I screwed?

A: Perhaps not. Although the fact that you executed a written waiver of Miranda rights creates a strong presumption that you waived your right to remain silent, or to have counsel present during questioning, the burden is still on the prosecution to prove its validity. A waiver of rights is not effective unless it was obtained "voluntarily," that is, without coercion, threat or promise.


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