Saturday, November 19, 2011

If one waives their right to counsel under the 5th by initiating conversatin, do they need to be re Mirandize?

Does waiver of counsel under the 5th automatically mean waiver of right to silence?|||If you've been Mirandized and start talking without counsel present, then you've waived that right. Once you're informed of your rights, you don't need to be re-informed.|||They do not need to be re Mirandized; however, most officers will do so just to be on the safe side. Waiver of counsel does not necessarily mean waiver of right to silence. . .you can certainly waive one right while keeping others. Basically, the person would have to say, "I don't need counsel, but I'm also not talking to you." Generally, that does not happen.|||The police have no obligation to silence someone in order to Mirandize them. Spontaneous statements of a defendant are admissible without Mirand warnings.

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