Lake County, Indiana
Crown Point, IN 46307
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Marion County, Indiana
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Indianapolis, IN 46268
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South Bend, IN 46601
(574) 386-7960
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219.308.1673 Chicago
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765.409.9629 West Lafayette
Miranda Rights
The Miranda rights are given to anyone detained by the police that they must be informed of their constitutional rights before being interrogated. It falls under the category of the Bill of Rights. Since 1966, after the Supreme Court ruling in Miranda v. Arizona, law enforcement in the United States is required by law to read the rights to any person placed in custody by the constitution.
The following are warnings required to be given to a suspect in custody prior to interrogation:
• You have the right to remain silent;
• Anything you say can and will be used against you in a court of law;
• You have the right to be speak to an attorney, and to have an attorney present during any questioning;
• If you cannot afford a attorney, one will be provided for you at government expense;
• Do you understand these rights? Do you wish to speak to the police at this moment in time?
If a potential suspects’ Miranda rights are failed to be read or violated at any point of the investigation the charges may potentially be dropped. For example, when a suspect in custody is interrogated without properly being advised and read of his/her rights, and exposes information which may lead to incriminating evidence against the suspect - then any statement that is made, due to failing to read the rights of the detained suspect is potentially excluded from the case in a court of law.
If you have been charged with a crime and believe your Miranda rights were not read to you, you may have a right to pursue legal action. A knowledgeable and experienced criminal defense lawyer can help determine if the charges and rights against you have been violated.
FEES:
A one-half hour office consultation fee is $50. My current rates are $200/hr in 1/4 hour increments and $80 per hour for paralegal/legal assistant time.
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