Being accused and arrested for a crime is a scary and frustrating experience for individuals. This experience can be all the more freighting if you are not guilty of the crime. When individuals find themselves in this unfortunate situation, it is important to remember that you have rights! Law enforcement officers will only provide you with your right as they are constitutionally required to do so, so it is going to be up to you to understand your rights. In this blog, we provide three tips for individuals to keep in mind if you are questioned and/or arrested. Remain Silent. Once ...
Tag: miranda rights
March 13, 2020CD
Most of us have heard the term Miranda warning at some point in our lives, but what are Miranda warnings? When do they matter? In a nutshell, Miranda warnings come into play when an individual is taken into police custody. Police are to give an individual his or her Miranda warnings before interrogating the individual. Miranda warnings, such as the right to remain silent, are designed to put an individual on notice of his or her Constitutionally protected rights. Failure to give an individual their Miranda warnings can result in an exclusion of any criminal statements made by the individual. ...
July 16, 2019CD
“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 Miranda rights. Miranda rights are a centerpiece to the American legal system and arise out of the United States Constitution’s Fifth Amendment right against self-incrimination. But when exactly does an officer have to read an individual their Miranda rights? And what happens if an individual is not read their Miranda rights? The short and simple answer is that it depends. As is generally the case in law, there is ...
June 5, 2019CD
Often you may hear of a criminal defendant getting his or her case dismissed, whether it be in “real life,” on the news, or in a television show or movie. You may wonder why it seems like some individuals accused of crimes “get off” when it seems like the odds are stacked against them while others, under seemingly similar circumstances, negotiate for a plea agreement that may include being incarcerated or go to a jury trial and ultimately get convicted. While there may be a variety of reasons for the differences in these hypothetical scenarios, one possible answer is the ...
May 14, 2019CD
“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 their Miranda rights? The short and simple answer is that— it depends. As is generally the case in ...
November 27, 2018CD
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 the United States Supreme Court. The Indiana Supreme Court held that where there was a brief (under 2 minutes) stop at a well-lit checkpoint, ...
March 9, 2017Adam Hayes