Blog Posts in July, 2011
Posted on Jul 28, 2011 By Plano Criminal Defense Attorney
We have been addressing the situation of when does a person unequivocally invoke one's Miranda rights? As we learned yesterday, we know that a person must unequivocally invoke his or her rights. ...
Continue reading "The Effect of Berghuis v. Thompkins (08-1470) On The Police?" »
Posted on Jul 27, 2011 By Plano Criminal Defense Attorney
Yesterday, we presented a scenario where a suspect remains silent for three hours during a custodial interrogation. In what turned out to be the end of the interrogation, the suspect does give an ...
Continue reading "If I Remain Silent, Does This Invoke My Right? Continued" »
Posted on Jul 26, 2011 By Plano Criminal Defense Attorney
Imagine, if you will, this hypothetical. A person is arrested for possesion of child pornography. The police place the suspect under arrest and take him to the Frisco Police Department headquarters. ...
Continue reading "What If I Remain Silent During Custodial Interrogation?" »
Posted on Jul 25, 2011 By Plano Criminal Defense Attorney
Almost every right that is guaranteed to a criminal defendant by the U.S. Constitution can be waived, in some form. This includes the privilege against self-incrimination. As we have stated before, ...
Continue reading "Can A Person Waive His Or Her Fifth Amendment Right?" »
Posted on Jul 22, 2011 By Plano Criminal Defense Attorney
When must a police officer give Miranda warnings? What about when the police are undercover? Courts have consistently held that undercover agents are not required to give Miranda warnings to suspects. ...
Continue reading "When Are Warnings Necessary?" »
Posted on Jul 21, 2011 By Plano Criminal Defense Attorney
As we have stated, Miranda prevents people from providing self-incrimination evidence against themselves in certain situations. These situations occur when someone is being interrogated while they are ...
Continue reading "What Is Custodial Interrogation?" »
Posted on Jul 20, 2011 By Plano Criminal Defense Attorney
Custodial Interrogation in Miranda means that a person must be given certain warnings before interrogation commences. If there is a custodial interrogation, then a person must be given a warning that ...
Continue reading "What Is Custodial Interrogation, Continued?" »
Posted on Jul 19, 2011 By Plano Criminal Defense Attorney
We have been addressing whether there is custodial interrogation for purposes of Miranda. We will now examine whether someone is in custody for purposes of Miranda. There are several factors to ...
Continue reading "What Is Custody As Miranda Is Considered?" »
Posted on Jul 18, 2011 By Plano Criminal Defense Attorney
The nightmare for F.W. is finally over. After fighting legal charges for over a year, F.W. has finally been vindicated. F.W. is a honest, hard-working man. He is a former Marine and former Harris ...
Continue reading "Congratulations To F.W. -- Cleared of Sexual Abuse Charges" »
Posted on Jul 15, 2011 By Plano Criminal Defense Attorney
As we noted yesterday, Miranda and its progeny are concerned with statements that are made as the product of custodial interrogation. In other words, any statements by a suspect of a crime while the ...
Continue reading "What Kind Of Statements Are Not Covered By Miranda?" »
Posted on Jul 14, 2011 By Plano Criminal Defense Attorney
Many people believe that in order for a police officer to arrest you, they must read you the Miranda rights. In fact, shows like Law & Order epitomize this thought. It makes for great drama when ...
Continue reading "When Do I Get To Invoke My Miranda Rights?" »
Posted on Jul 13, 2011 By Plano Criminal Defense Attorney
Continuing our blog posts related to the Fifth Amendment, we will now examine an integral part of the protection against self-incrimination. In perhaps the most famous American legal case of all time, ...
Continue reading "What Does Miranda Warnings Mean?" »
Posted on Jul 12, 2011 By Plano Criminal Defense Attorney
As we previously noted, the Fifth Amendment to the Constitution of the United States of America provides that no person shall be compelled to be a witness against himself or herself in any criminal ...
Continue reading "The Privilege Against Self-Incrimination, Continued." »
Posted on Jul 11, 2011 By Plano Criminal Defense Attorney
The next clause of the Fifth Amendment to the Constitution of the United States of America, is the protecting against self-incrimination. This provision states that no person "shall be compelled ...
Continue reading "When Someone Takes The Fifth, What Does That Mean?" »