Talking an In-Custody Suspect into Changing his Mind Concerning a Prior Invocation

• Miranda and a Suspect’s Invocation of his Right to Counsel
• Understanding the Miranda Right to Counsel
• Badgering a Suspect Out of an Invocation

Indications that an in-custody suspect does not understand what benefits there may be to the assistance of counsel may negate that suspect’s waiver of his Miranda rights.  An in-custody suspect who invokes his Miranda rights has the option of changing his mind.  Encouraging an in-custody suspect to change his mind about his prior invocation (i.e., “badgering”), however, may negate that change of mind.

Eighteen-year-old defendant Ismael Avalos had an on-going dispute with Angel Rivera, both alleged members of opposing criminal street gangs.  Their dispute was only aggravated when Rivera took up with Avalos’ ex-girlfriend; A. Albarran.  Defendant at the time of this case was a high school student, still living with his parents, who had no prior criminal record except for ....