D.A.'s Pre-Arraignment Script Violated 'Miranda,' Panel Says

, New York Law Journal


"The preamble formulated by the [Queens] District Attorney's office adds information and suggestion to the Miranda warnings which prevent them from effectively conveying to suspects their rights," Justice Peter Skelos wrote for the Second Department panel.

This content has been archived. It is available exclusively through our partner LexisNexis®.

To view this content, please continue to Lexis Advance®.

Continue to Lexis Advance®

Not a Lexis Advance® Subscriber? Subscribe Now

Why am I seeing this?

LexisNexis® is now the exclusive third party online distributor of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® customers will be able to access and use ALM's content by subscribing to the LexisNexis® services via Lexis Advance®. This includes content from the National Law Journal®, The American Lawyer®, Law Technology News®, The New York Law Journal® and Corporate Counsel®, as well as ALM's other newspapers, directories, legal treatises, published and unpublished court opinions, and other sources of legal information.

ALM's content plays a significant role in your work and research, and now through this alliance LexisNexis® will bring you access to an even more comprehensive collection of legal content.

For questions call 1-877-256-2472 or contact us at customercare@alm.com

What's being said

  • Mike M

    Frankly, I thought the first version was the best from the standpoint of the person being charged. It clearly urges him or her to bring forth any alibi or other explanation why the charges are wrong. The later versions muddle the matter in my opinion.

    Granted there may be things happening in practice that don't appear on the interview form, but I can easily understand why the DA's office thought they were doing a fair and good thing here. But, as they say, no good deed goes unpunished.

  • W. Addo

    I have such an enormous respect for Mr. Brown's Office for quickly revising its pre-arraingment script in conformance of the law. Good work, Mr. Brown. WA

  • Michael

    Silly me, I thought the ARRESTING OFFICER has to read the Miranda rights PRIOR TO ARREST/INTERROGATION (including pre-arraignment questionning). So, the DA has now taken over that role for the police? If someone requests and attorney for the Pre-Arraignment Interview, how would an attorney be assigned if the charges are not formally brought (that occurs at arraignment). So, who is the attorney that will be assigned; will they be the same attorney assigned subsequent to arraignment? It's a shame the Judge chooses to continue to protect his fellow club-member (attorney) instead of blatantly calling DIck Brown out for his hypocrisy, immorality, and plain, simple illegality of ambushing defendants JUST BEFORE they are allowed to speak to yet ANOTHER MEMBER OF THE CLUB....(defense attorney). Smart defendants will never take the advice of an 'assigned counsel'...they are strictly interested in plea bargaining and lightening their case load. When a sitting Criminal Court Judge states "Your guilt or innocence DOESN'T MATTER", on the record in a criminal proceeding (I wish I had bought the transcript), then that pretty much sums up the Judiciaries ideas of 'in'-justice.

  • PeteF

    The whole story is a lie from top to bottom. Mr.Brown has as much to do with his office as I have. It is nonsense. If the DA was truly interested in helping those in the pre-arraignment process he should have provided for an attorney to be present before any questioning.

    The governor should step in immediately and replace Mr.Brown before his staff can do more damage than they have already done.

Comments are not moderated. To report offensive comments, click here.

Preparing comment abuse report for Article #1202586390754

Thank you!

This article's comments will be reviewed.