The Role of Miranda Rights in Criminal Defense Cases

April 2, 2024 | Criminal Defense Attorney

We’ve all seen it in movies and television shows when a police officer arrests someone: the officer says, “You have the right to remain silent, you have the right to an attorney,” and so on. This warning is what is known as a person’s Miranda rights or a Miranda warning, and it serves an important legal function in our criminal justice system. Any errors in the way police advise you about your Miranda rights could result in your statements being inadmissible in court – which could have a significant impact on the outcome of your case.

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Understanding Your Miranda Rights in Wisconsin

July 18, 2023 | Constitution

The United States Supreme Court came to the decision that the Fifth Amendment to the United States Constitution forbade prosecutors from using a person’s statements made in response to interrogation in police custody as evidence at their trial unless they can prove the person was informed of their right to consult with a criminal defense attorney before and during questioning, and the person not only understood their rights but also voluntarily waived them, in the landmark case of Miranda v. Arizona, 384 U.S. 436 (1966). Miranda had an immediate impact on law enforcement throughout the United States, making the Miranda warning a matter of routine for police procedure and the practice becoming known as “Mirandizing.”

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A Guide to Your Miranda Rights

March 7, 2023 | Constitution

Many people have the exact phrasing of Miranda Rights memorized after years of watching courtroom television. However, they may not exactly understand what these rights are and how they come into play in a criminal trial. Whether police officers have properly read you your rights can impact your entire criminal trial.

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Five Mistakes People Make After an Arrest

October 5, 2022 | Arraignment

Being arrested and charged with a crime already puts you in enough legal jeopardy. There are things that you can do that can actually make your own legal situation worse. Nearly all of these mistakes are made by people who do not have an experienced criminal defense attorney. The longer you go without legal representation, the more likely you are to make an error that can handicap your criminal defense. What follows are common mistakes that defendants make that may increase the chances of being convicted or can lead to stiffer penalties when they are sentenced. You should retain counsel immediately to avoid making them. Speaking to Law Enforcement (Especially Without an Attorney Present) Some people may think that they can just give their side of the story to law enforcement and talk their way out of trouble. Talking is perhaps the worst thing that you can do after you … Continued

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Should You Talk to the Police After an Arrest?

November 25, 2020 | Criminal Defense Attorney

Any interaction with a law enforcement officer can be a terrifying event. Especially in today’s heated political climate, interactions can escalate quickly, and verbal or physical violence can ensue. It is important to know what to say and do to stay safe in these interactions. It is also important to understand your constitutional rights. If you do not understand and enforce these rights, the police could ignore them. They are allowed to ask you to waive your rights, to use various tactics to convince you to talk about the allegations, or even outright lie to you. By knowing what your rights are and how to enforce them safely, you can ensure that you stay safe and protect your constitutional rights after any arrest. Make sure you hire a criminal defense attorney right away if you’ve been arrested for any type of criminal charges.

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