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Why You Need a Criminal Lawyer

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What Are Your Miranda Rights?

The Miranda warning (from the U.S. Supreme Court's Miranda v. Arizona decision), requires that officers let you know of certain facts after your arrest, before questioning you. An officer who is going to interrogate you must convey to you that:

You have the right to remain silent.

If you do say anything, it can be used against you in a court of law. You have the right to have a lawyer present during any questioning. If you cannot afford a lawyer, one will be appointed for you if you so desire.

When the Miranda Warning Is Required

It doesn't matter whether an interrogation occurs in a jail, at the scene of a crime, on a busy downtown street, or the middle of an open field: If a person is in custody (deprived of his or her freedom of action in any significant way), the police must read the Miranda rights if they want to ask questions and use the answers as evidence at trial.

If someone is not in police custody, however, no Miranda warning is required and anything the person says can be used at trial. Police officers often avoid arresting people—and make it clear to them that they're free to go—precisely so they don't have to give the Miranda warning. Then they can arrest the suspect after getting the incriminating statement they wanted all along.

Pre-Arrest Questioning

Do you have to respond to police questions if you haven't been arrested?

Generally, no. (You typically don't have to answer even if you're under arrest.) A police officer generally cannot arrest a person simply for failure to respond to questions. (There are, however, situations where you might have to provide information like identification)

Post-Arrest Questioning

The almost-universal advice of defense attorneys is to keep the old mouth tightly shut when being questioned after an arrest, at least until after consulting an attorney. Suspects all too frequently unwittingly reveal information that can later be used as evidence of their guilt.

Consequences of Failure to Provide Miranda Warning

Without a Miranda warning, what the arrestee says in response to custodial questioning can't be used for most purposes as evidence at trial.

When Police Come Down Too Hard

A violation of Miranda rights doesn't necessarily mean that the officers coerced the statement out of the suspect. But if they did, not only is the statement inadmissible, but so too is any evidence that the police obtain as the result of it.

Talk to a Lawyer

The Miranda rule is complex, and no one article can address all its ins and outs. If you've been arrested or charged with a crime, you should talk to a lawyer for a full explanation of the law, including how it may differ slightly in your state.

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What are Miranda Rights in Criminal Law?

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If you have been charged for committing a crime, the help of a criminal defense attorney is necessary. A criminal lawyer or attorney can assist you with the legal proceedings if you happen to live close by. It essential to get a competent local attorney to win a case. The criminal attorney has a massive role to play here.

When you need the services of a criminal attorney from our law firm you should choose one who is very experienced and knowledgeable about the criminal law system in this State. An aggressive approach is almost as important a factor as experience, as you need an advocate for your case.

It is very important for you to hire an aggressive criminal attorney who will work hard to make sure that your case is resolved in the best way possible for you. Choose someone who will strive to devise a strong defense from the very beginning. This will help you avoid a criminal conviction. We can help you.

There are many law firms around but you need someone better. You will get aggressive attorney at these law firms. They are committed to provide excellent legal aid for people who are facing criminal charges. Just get in touch with them and they will provide all the assistance.

There are many experienced criminal attorneys. Their job involves meticulously preparing cases taking into consideration the risks of trial that may happen in each case. Their wide experience in intricate state as well as federal criminal affairs in order and will help a lot.

Current concerns about proper test use represent only the latest round in a continuing debate over the use of standardized assessments to advance education policy goals.1 Beginning with the introduction in the mid-19th century of written examinations given to large numbers of students, standardized tests have served as an instrument for accomplishing a variety of policy purposes, including determining the types of instruction individual students receive, shaping the content and format of that instruction, and holding schools and students accountable for their performance.

If you find yourself needing a good attorney for your case, make sure you find the right person to defend you. Superior criminal defense briefing is a job that requires both technical skill and experience, and not everyone is right for the job. Make sure you find someone who is interested in practicing law and is willing to put their all into your case.

Certain constitutional protections apply to a person charged with a crime. There are also certain procedures that are roughly the same from jurisdiction to jurisdiction. The following is a brief description of what happens when a person is charged with a crime.

Talk to a Criminal Defense Lawyer immediately if you or someone you know have been arrested or charged with a crime. Getting legal help is critical to ensure a defendents rights are protected.

A person may be charged with a crime before they are arrested. If this happens, a judge will issue a warrant for the person's arrest. A police officer will attempt to locate the person who is the subject of the warrant. If the person is located by the police and arrested, the police must give the person a copy of the warrant that states the charge for which they are being arrested. The police do not necessarily need to have a copy of the warrant with them at the time of the arrest, but they should provide a copy to the arrested person within a reasonable amount of time afterward.

After a person is arrested, they will be "booked" at the police department. This entails taking fingerprints and completing other procedural requirements. The person will then be held in police custody pending a court hearing. This hearing will usually take place within 48 hours.

When a person is taken into police custody, they have the right to speak with an attorney. The person will be allowed to contact an attorney. The person should have at least a brief opportunity to meet with their attorney before their initial court hearing.

At the court hearing the judge will read the charges against the person, who is called the defendant. If a person was arrested without an arrest warrant, this may be the first time that they are told the charges against them. The judge will try to make sure that the defendant understands the charges. The judge will then ask the defendant to enter a plea. A defendant can enter a plea of "not guilty", of "no contest", or of "guilty".

Even if a defendant is guilty, they can enter a plea of not guilty, if they think that there is not enough evidence to prove their guilt. In any case, a plea of not guilty will lead to a trial where the government will have to prove, beyond a reasonable doubt, that the defendant is guilty of the crime that they are charged with. A jury will have to decide, based on the evidence presented by both sides, whether the defendant is to be found guilty or not guilty. In some cases, a defendant may waive their right to a jury trial, and the judge will be the one to decide if they are guilty or not guilty based on the evidence that is presented. The defendant should consult with their attorney about whether or not they should waive their right to a jury trial.

If the result of the trial is that the defendant is found not guilty of the crimes charged, they will be released from custody. If the result of the trial is that the defendant is found guilty or if there is no trial because the defendant entered a plea of no contest or of guilty, then there will be a sentencing hearing.

There may be evaluations of the defendant that are performed prior to the sentencing hearing. For example, if the crime is a DUI or drug related crime, the defendant may be evaluated to determine if they have a substance abuse problem. The court will also make a pre-sentencing report, which is basically an investigation into any prior criminal history of the defendant. This information helps the judge determine an appropriate sentence.

At the sentencing hearing, there may be an opportunity for individuals to speak to the court about what factors they feel the court should take into account in determining a sentence. These individuals can include the victim of the crime, the victim's family, the defendant, the defendant's family, and any other interested party.

The judge will consider all of the evidence presented and take into account any sentencing requirements. The judge will then enter a sentence for the defendant. If the crime was relatively minor, and the defendant has been in custody during the whole court process, they may have already served the jail time that is imposed by the judge. If the crime is more serious, the defendant may face even more jail time. A criminal sentence may involve more than serving time in jail as well. The defendant may be ordered to pay fines, to give restitution to the victim, to undergo treatment for substance abuse or mental problems, to perform community service, or many other things.

Anyone who is charged with a crime should hire an attorney with experience in criminal defense to represent them. This is the best way to make sure that their rights are protected, and that they obtain the best possible outcome.

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Criminal Attorney For Your Community

avoid arrest

What Are Your Miranda Rights?

The Miranda warning (from the U.S. Supreme Court's Miranda v. Arizona decision), requires that officers let you know of certain facts after your arrest, before questioning you. An officer who is going to interrogate you must convey to you that:

You have the right to remain silent.

If you do say anything, it can be used against you in a court of law. You have the right to have a lawyer present during any questioning. If you cannot afford a lawyer, one will be appointed for you if you so desire.

When the Miranda Warning Is Required

It doesn't matter whether an interrogation occurs in a jail, at the scene of a crime, on a busy downtown street, or the middle of an open field: If a person is in custody (deprived of his or her freedom of action in any significant way), the police must read the Miranda rights if they want to ask questions and use the answers as evidence at trial.

If someone is not in police custody, however, no Miranda warning is required and anything the person says can be used at trial. Police officers often avoid arresting people—and make it clear to them that they're free to go—precisely so they don't have to give the Miranda warning. Then they can arrest the suspect after getting the incriminating statement they wanted all along.

Pre-Arrest Questioning

Do you have to respond to police questions if you haven't been arrested?

Generally, no. (You typically don't have to answer even if you're under arrest.) A police officer generally cannot arrest a person simply for failure to respond to questions. (There are, however, situations where you might have to provide information like identification)

Post-Arrest Questioning

The almost-universal advice of defense attorneys is to keep the old mouth tightly shut when being questioned after an arrest, at least until after consulting an attorney. Suspects all too frequently unwittingly reveal information that can later be used as evidence of their guilt.

Consequences of Failure to Provide Miranda Warning

Without a Miranda warning, what the arrestee says in response to custodial questioning can't be used for most purposes as evidence at trial.

When Police Come Down Too Hard

A violation of Miranda rights doesn't necessarily mean that the officers coerced the statement out of the suspect. But if they did, not only is the statement inadmissible, but so too is any evidence that the police obtain as the result of it.

Talk to a Lawyer

The Miranda rule is complex, and no one article can address all its ins and outs. If you've been arrested or charged with a crime, you should talk to a lawyer for a full explanation of the law, including how it may differ slightly in your state.

Previous Post Home Next Post

For more articles, click here.

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What Makes a Good Criminal Lawyer?

accused of a crime

When people look for jobs with law firms, they have to meet certain criteria.  Law firms, unsurprisingly, want the best candidates.  Although it is difficult for people to know exactly what law firms want, there are certain general requirements that all candidates should be able to meet.  It is these criteria, indeed, that make a good criminal lawyer.

One of the most important criteria that separate good criminal lawyers from bad ones is writing skills.  Lawyers have to write a lot.  They have to lay out their argument and how their points of support and evidence fit into the overall picture of what they are saying.  Every case requires a brief, and lawyers often take on many cases at once.  Consequently, they need to be able to convey their ideas quickly and in a short amount of space so that anyone reading the brief can quickly understand the attorney's argument.

Another important criteria that good lawyers meet is a thorough understanding of the law.  Some people have said that a good criminal lawyer reads the law, but the truth is that good lawyers do more: they comprehend the laws and know the law inside and out.  This is crucial to being a successful lawyer because attorneys have to use laws in their clients' favor.  For example, defense attorneys need to understand the law so that they know what penalties their clients face and what level of evidence is needed for a conviction.  With this knowledge, criminal defense lawyers can better find ways to give their clients an advantage in trials.

Furthermore, it is important that attorneys can maintain their objectivity and independence fro their clients.  Many times, lawyers defend their clients for publicity purposes, but in the process their judgment gets weakened.  When attorneys believe one thing over another and start to espouse their beliefs, they lose the ability to think clearly because they have become involved in the case; they want to prove themselves right.  By maintaining their neutrality, lawyers can more level-headedly decided what is in the best interest of their clients.

Furthermore, good lawyers can and do look at things from the opposing parties' viewpoint.  For example, prosecution attorneys should not try to wrongly convict people because of the negative effects it can have on the convicted individual; to understand this they should look at the situation from the defendant's eyes.  Moreover, looking at the case from the opposing party's eyes also allows attorneys to understand what arguments the opposing party might use.

These are only some of the characteristics of good criminal lawyers.  If you are looking for a good criminal lawyer, be sure to contact us today for legal help.

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Six Things You'll See in the Right Criminal Lawyer!

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Things you should know if you have a criminal trial.

Assuming that the criminal trial is carried out to completion, those procedures tend to include the following things:

Judge or Jury Trial. The defense often has the right to decide whether a case will be tried to a judge or jury, but in some jurisdictions both the prosecution and the defense have the right to demand a jury trial. (For more on the jury-trial right, including its limitations, see The Right to Trial by Jury.) Juries typically consist of 12 people, but some states allow for juries as small as six members.

Jury selection. If the trial will be held before a jury, the defense and prosecution select the jury through a question-and-answer process called "voir dire." In federal courts and many state courts, the judge carries out this process using questions suggested by the attorneys, as well as questions that the judge comes up with on his or her own.

Evidence issues. The defense and prosecution request that the court, in advance of trial, admit or exclude certain evidence. These requests are called motions "in limine."

Opening statements. The prosecution and then the defense make opening statements to the judge or jury. These statements provide an outline of the case that each side expects to prove. Because neither side wants to look foolish to the jury, the attorneys are careful to promise only what they think they can deliver. In some cases, the defense attorney reserves opening statement until the beginning of the defense case. The lawyer may even choose not to give an opening statement, perhaps to emphasize to the jury that it's the prosecution's burden to do the convincing.

Prosecution case-in-chief. The prosecution presents its main case through direct examination of prosecution witnesses.

Cross-examination. The defense may cross-examine the prosecution witnesses. (Also see What are 're-direct' and 're-cross' examination?)

Prosecution rests. The prosecution finishes presenting its case.

Motion to dismiss (optional). The defense may move to dismiss the charges if it thinks that the prosecution has failed to produce enough evidence—even if the jury believes the evidence—to support a guilty verdict.

Denial of motion to dismiss. As an FYI - almost always judges deny the defense motion to dismiss.

Defense case-in-chief. The defense presents its main case through direct examination of defense witnesses.

Cross-examination. The prosecutor cross-examines the defense witnesses.

Defense rests. The defense finishes presenting its case.

Prosecution rebuttal. The prosecutor offers evidence to refute the defense case.

Settling on jury instructions. The prosecution and defense get together with the judge and determine a final set of instructions that the judge will give the jury.

Prosecution closing argument. The prosecution makes its closing argument, summarizing the evidence as the prosecution sees it and explaining why the jury should render a guilty verdict.

Defense closing argument. The defense's counterpart to the prosecutor's closing argument. The lawyer explains why the jury should render a "not guilty" verdict—or at least a guilty verdict on only a lesser charge.

Prosecution rebuttal. The prosecution has the last word, if it chooses to take it, and again argues that the jury has credible evidence that supports a finding of guilty.

Jury instructions. The judge instructs the jury about what law to apply to the case and how to carry out its duties. In Utah, there are model jury instructions, also called MUJI.

Jury deliberations. The jury deliberates and tries to reach a verdict. Juries must typically be unanimous. (But see Do criminal jury verdicts have to be unanimous?) If less than the requisite number of jurors agrees on a verdict, the jury is "hung" and the case may be retried.

Post-trial motions. If the jury produces a guilty verdict, the defense often makes post-trial motions requesting the judge to override the jury and either grant a new trial or acquit the defendant.

Denial of post-trial motions. Almost always, the judge denies the defense post-trial motions.

Sentencing. Assuming a conviction (a verdict of "guilty"), the judge either sentences the defendant on the spot or sets sentencing for another day.

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