“You have the right to remain silent” is a phrase most have heard, whether it be from a television show or personal experience. This phrase is from what is known as (a part of the) Miranda rights. Miranda rights are a centerpiece of the American legal system and arise out of the United States Constitution’s Fifth Amendment right against self-incrimination. When exactly does an officer have to read an individual their Miranda rights? And what happens if an individual is not ... Read More
27
Nov2018
09
Mar2017
Maybe and Maybe Not!
Criminal prosecution and defense, as with the rest of law and society, has become complex. Thus, even routine criminal cases should be pair an accused with an informed and skilled defense counsel. The Indiana Supreme Court’s recent case on Miranda warning in a field sobriety checkpoint reflects this need.
Typically, during any police detainment of any duration and questioning, Miranda warnings apply. However, in State v. Brown, the Indiana Supreme Court ruled consistently with ... Read More