Recent Posts in Fifth Amendment Category
35 results found. Viewing page 1 of 2.
Go to page
Posted on Aug 9, 2011 By Plano Criminal Defense Attorney
As a general rule, if the police give a person Miranda warnings in the middle of an interrogation, whether the confession will ultimately be admissible is determined by the credibility of the officer ...
Continue reading "What Happens If The Police Give Miranda Warnings Midstream?" »
Posted on Aug 8, 2011 By Plano Criminal Defense Attorney
There was a method employed by the police that involved the police give Miranda warnings midstream--in the middle of the interrogation. What the police were doing would work the suspect of a crime in ...
Continue reading "Can The Police Interrogate Me First And Then Give Me Miranda Warnings?" »
Posted on Aug 5, 2011 By Plano Criminal Defense Attorney
We will continue to discuss the tactics that the police might use to obtain a confession. Yesterday, we addressed the issue of whether a police officer can use deception to obtain a confession. ...
Continue reading "What Deception Can The Police Employ To Obtain A Confession?" »
Posted on Aug 2, 2011 By Plano Criminal Defense Attorney
Yesterday, we discussed the admission of a statement by the accused when the accused gives a written statement. According to the Texas Code of Criminal Procedure, the Miranda warnings must be on the ...
Continue reading "Oral Statements Under Texas Law" »
Posted on Aug 1, 2011 By Plano Criminal Defense Attorney
Texas, in recognition of the importance of the privilege against self-incrimination, has codified two important regulations. In Article I, Section 10 of the Texas Constitiution (Rights of accused in ...
Continue reading "Texas And Custodial Interrogation?" »
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 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 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?" »
Posted on Jun 24, 2011 By Plano Criminal Defense Attorney
Continuing our examination of the Fifth Amendment to the United States Constitution, we now turn our attention to Double Jeopardy. The second main clause of the Fifth Amendment to the United States ...
Continue reading "What Is Double Jeopardy?" »
Posted on Jun 23, 2011 By Plano Criminal Defense Attorney
A grand jury has some very important roles in the criminal justice system. As noted, the initial role (or the reason for its initiation in the middle-ages) was to provide a buffer from the prosecution ...
Continue reading "What Is The Role Of The Modern Day Grand Jury? Part II" »
Posted on Jun 21, 2011 By Plano Criminal Defense Attorney
We often hear the phrase "the case is before the Grand Jury" or, for example, "Barry Bonds was subpoenaed to testify before the grand jury.' What the heck is a grand jury and why, ...
Continue reading "What Is A Grand Jury And Why Is A Grand Jury Requirement In The Fifth Amendment?" »
Posted on Jun 20, 2011 By Plano Criminal Defense Attorney
The Fifth Amendment to the United States Constitution states that "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand ...
Continue reading "What Is The Fifth Amendment To The United States Constitution And How Does That Relate To Police Conduct?" »
Posted on Aug 2, 2010 By Zendeh Del Law
Most experienced defense lawyers will tell you that the first words out of their mouth when they get the 3AM phone call from the jail are: "don't say anything!" But for some reason, criminally accused ...
Continue reading "Why You Should NEVER Talk to the Police" »
Posted on Jul 30, 2010 By Zendeh Del Law
Police in Houston, Texas have uncovered what investigators report as the largest child pornography collection they have ever seen. Todd Ewanko, a 46 year old pilot, is being charged with possession ...
Continue reading "Child Pornography Bust in Houston" »
Posted on Jul 16, 2010 By Zendeh Del Law
Over the past 10 years, 39 Texas inmates have been exonerated in light of new DNA evidence. 19 of those men were from nearby Dallas County alone. All were wrongfully convicted of crimes such as rape, ...
Continue reading "New DNA Evidence Exonerates Innocent Men" »
Posted on Jul 9, 2010 By Zendeh Del Law
Gun rights advocates have won another victory. Although the 2nd Amendment states "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear ...
Continue reading "Local Control of Gun Laws Diminished by Supreme Court" »
Posted on May 6, 2010 By Zendeh Del Law
Fort Worth Criminal Defense Law Firm Fort Worth police are asking victims of assaults near the Rainbow Lounge, a well known gay bar, to come forward. Fairness Fort Worth, an advocacy group for ...
Continue reading "Fort Worth Police Seek Information on Attacks Near Rainbow Lounge" »
Posted on Mar 18, 2010 By Zendeh Del Law
Texas Criminal Defense Law Firm State prison populations, which have grown for nearly four decades, have begun to dip, according to a new report, largely because of recent efforts to keep parolees out ...
Continue reading "Report Finds States Holding Fewer Prisoners" »
35 results found. Viewing page 1 of 2.
Go to page