Whether you are as innocent as a baby or guilty as John Wayne Gacy, your lawyer has a duty to advocate for your best interests, not the lawyers’ own. Attorneys who make statements to the press could help seal their clients’ convictions.

Case in point: Jerry Sandusky. The Penn State coach was convicted of several counts of child sexual abuse. That might be the right verdict, but his attorney, Joseph Amendola, did not help his case. Amendola told the press he would be surprised if his client was acquitted of all charges: “I would die of a heart attack—shocked—if he was acquitted on all of the charges.” Sandusky’s Attorney Expects Him to Be Convicted on Some Counts. Even worse, Amendola allowed an unprepared Sandusky to appear on nationally televised Bob Costas, an interview that ended up as prosecution evidence.

George Zimmerman’s initial attorneys did him no favors. Before he was charged with the shooting death of Trayvon Martin, Zimmerman’s attorneys held a press conference announcing that they could no longer represent him because they did not know where their client was, thought he had left the state of Florida, and that he wasn’t emotionally in control. Jeffrey Toobin on Zimmerman lawyers.

Almost every experienced criminal defense attorney has inherited cases from another lawyer who did not respect his or her client’s privacy and incriminated their client. If your lawyer seems more interested in press coverage than your best interests, it might be time to hire someone else. If you have questions about this or another related criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

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In Berghuis v Thompkins, the Defendant invoked his right to remain silent by simply not saying anything under questioning for a long period of time. When police continued to question him, he eventually made a statement to the police, which he tried to suppress based on the police violating his right to remain silent.

The Court held that the Defendant’s actions were not sufficient to invoke his right to remain silent. The statements the Defendant made were admitted against him. The Court said that any invocation of Miranda must be “unambiguous” so that the police will not have to guess regarding whether they should have cut off questioning. (A previous case ruled that if a Defendant wants an attorney, he or she must also do so clearly.)

So if you are arrested and taken into police custody, what should you do? After signing your Miranda warning form, you should tell the police “I want to remain silent,” and “I want an attorney.” Only by making these unambiguous statements will your Miranda rights be protected under the new case law. Whatever you do, do not give up your Miranda rights by signing a “Waiver” form.

Even if you assert these rights, the police could try to make you sufficiently uncomfortable to want to start talking even if they are not doing anything illegal. You might have to wait a long time in a relatively cold room. While statements made after a Defendant invokes his right to remain silent may not be admissible in Court, the best chance for your defense depends on your continued silence until you have an attorney present.

If you or a loved one have been arrested and are in police custody or if you have any questions, feel free to contact Matt Keenan at 847-568-0160 or matt@mattkeenanlaw.com.

Source: http://www.supremecourt.gov/opinions/09pdf/08-1470.pdf

(Besides Skokie, Matt Keenan also serves clients in the communities of Arlington Heights, Buffalo Grove, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Highland Park, Kenilworth, Morton Grove, Mount Prospect, Niles, Northbrook, Palatine, Park Ridge, Rolling Meadows, Schaumburg, Wilmette and Winnetka.)

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