At Perry & Kamish, PC — also known as The Criminal Defense Team
by many of our peers and clients — we are hard-hitting, tenacious
criminal defense attorneys who go above and beyond for our clients and
to ensure honesty within the criminal justice system. Our dedication to
the fair application of justice is perhaps best exemplified by our own
Attorney Mark Kamish’s victory at the Indiana Supreme Court. Back in February 2019, he argued
before the Indiana Supreme Court for a case involving the wrongful interrogation
of a criminal suspect and the Court recently gave its opinion, ruling
in his favor! This is a monumental win for our law office, but also for
the Indiana criminal justice system as a whole.
When is a Person Technically in Custody?
In the Indiana case of
State v. Ruiz, Mr. Ernesto Ruiz was placed into a secluded room of the Seymour Police
Department, where two police officers interrogated him about an accused
crime. Although Ruiz was never officially placed under arrest, he was
also not allowed to leave the interrogation room, nor was he ever read
Miranda warnings. As you probably know, the
Miranda warnings inform a criminal suspect that they can remain silent until they
get a chance to speak with an attorney in order to avoid making self-incriminating
During his trial, Ruiz moved to suppress the statements he gave during
that interrogation as inadmissible evidence on the grounds that he had
been interrogated without being given the
Miranda warnings. The trial court actually agreed with Ruiz, but the case was
eventually appealed up to the Indiana Supreme Court for further review.
It was before the Indiana Supreme Court that Mark Kamish was able to showcase
his talents and truly stand up for Mr. Ruiz. In his argument, he showed
that Ruiz had been placed into a police setting and confined by police
officers, creating the assumption that he was arrested or detained, just
as any reasonable person would conclude. Indeed, Attorney Kamish argued
he had been placed under “custodial interrogation,” or a situation
in which a criminal suspect’s freedom is restrained without being
put under arrest. As such, he was deserving of and absolutely required
to hear the
Miranda warning, and, without it, all of his statements were invalid as evidence.
The Indiana Supreme Court agreed with Attorney Kamish, affirming the lower
court’s decision to suppress the evidence. Based on all the circumstances
leading up to and during Ruiz’s seclusion in the police station,
the Supreme Court determined custodial interrogation had in fact occurred.
To view a PDF file of the Indiana Supreme Court’s opinion of State
v. Ruiz, you can
click here. To view a video of the case as it was brought before the Indiana Supreme
Court, including arguments from Attorney Mark Kamish, and an in-depth
look in how the Indiana criminal justice system operates on high levels, you can
click here. Both files are made available through courts.in.gov.
Rely on a Team of Board Certified Criminal Law Specialists
When the going gets tough, The Criminal Defense Team gets defending. For
uncompromising defense that can win high-stakes, complex cases before
the Indiana Supreme Court, make us your first and only choice in counsel.
Our law firm has
five of the state’s six Board Certified Criminal Law Specialists on staff,
marking us as nationally recognized legal experts in all types of criminal
See how we can protect your rights and support you during a difficult time
by calling 888.988.5659 and scheduling a
free case evaluation.