cedar rapids / iowa city criminal defense

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Even then, the focus may be on the alleged victims of the crime, if any, and how the criminal justice system may be failing the victim. A criminal defendant charged with crimes against a person—and particularly children—should especially heed the warning to avoid the media Moreover, criminal defendants have a right to remain silent and should use it. That doesn’t just include taking to the police. That means talking to everybody. Talking to the media could produce either testimony from a media representative or a recording—both admissible against the Defendant and Exhibit A for the prosecution. Media representatives also do not need to abide by the Constitution of the United States nor the State of Iowa. What does that mean? They don’t have to read you Miranda. Even if you’re sitting in a jail cell, where you are entitled to Miranda if questioned by the police. And they don’t have to wait for your lawyer to get there to have a conversation. 
Criminal defendants are sometimes right to believe that their story is not getting equal air time. The old adage that one not believe anything they hear and only half of what they read bears some truth in this situation. While law enforcement frequently trots out pretrial press releases to announce their perceptions regarding the guilt of suspects and the media compliantly rebroadcasts these assertions, there is little to be gained by attempting to set the record straight. A blog is not legal advice. No attorney-client relationship is established by reading a blog or sending unsolicited information over the Internet.

Once a criminal defendant contacts the media, it’s the media's message now. Second, if you are a criminal defendant, you are not going to be a media darling. Third, they probably don’t even care about your case—among hundreds prosecuted per month— unless it is an expanded media file in which the press can specifically enlist the Clerk of Court to notify the news organization of any court activity the moment it becomes part of the expanded media court file.


Greg Ladanyi was a sound engineer, producer, and mixer. He produced Don Henley's 1984 album, Building the Perfect Beast, and he is seen here interviewed on the subject of the sound mixing on Dirty Laundry, a cautionary tale about the rise of pop media in a 24 hour news cycle. There is no affiliation as between David A. Cmelik Law PLC and PC Audio Labs.

Dirty Laundry: Why a Criminal Defendant should not talk to the media

by David Cmelik