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Miranda Rights Under Recent Supreme Court Cases

Miranda Rights Under Recent Supreme Court Cases

In a close 5-4 decision, the United States Supreme Court has just released an important legal decision and update on one of the most recognized cases in U.S. legal history, Miranda v Arizona. As any follower of police or lawyer shows knows, the Miranda case is known for its inception of Miranda rights, those “right to remain silent” quotes that police officers must inform you of when you are arrested or questioned while under arrest. Even the most casual observer of the law has heard of Miranda, and most of us know that under it, we are not obligated to answer any questions from an arresting officer. Miranda was a landmark case in supporting the Constitutional 5th Amendment right against self-incrimination. No person can be forced to answer questions that may incriminate themselves, and no person can be interrogated further by police once they have invoked their right to remain silent. The U.S. Supreme Court’s decision on June 1st, 2010 could change the way Miranda rights are used in the court room and during criminal arrests in the future.

In the original Miranda v. Arizona case, the defendant Ernesto Miranda signed a confession when the evidence showed that he did not know he had the right to remain silent or have an attorney present during questioning. The Court ruled in that case that, essentially, the police had bullied Miranda into the confession when they realized he didn’t know he had a right to remain silent. The Court’s opinion held that this right would be useless if the police did not inform a suspect of that right to refuse to answer questions or led him to believe he did not have such a right. Ultimately, a person accused of a crime has a constitutional right against self-incrimination, and the Miranda court decided that the confession the interrogating police officers got from Miranda due to his ignorance of these rights was unconstitutional. Incidentally, although Miranda’s confession was thrown out because of this, he was ultimately later convicted in a new trial. The Miranda court’s underlying reasoning and decision was later reviewed again in 2000 in Dickerson v. United States, and affirmed.

In this recent court case Berghuis v. Thompkins, a new wrinkle was added to the rights of a criminal defendant that were discussed in the Miranda case. In this case, the Court held that simply refusing to answer questions does not, by itself, require that the police immediately give up their questioning. In the majority opinion, Justice Kennedy stated that a criminal suspect who wants to invoke their Miranda right not to be questioned must do it unambiguously, simply remaining silent for certain questions, while answering others was not enough the Court said. Going forward, it appears that under the majority decision a criminal suspect must be perhaps more clear if they truly wish to invoke their right to remain silent. The dissent protested that under this legal holding suspects in a crime must now unambiguously invoke that right, which (counter-intuitively) would require them to speak to do so. While it is not yet clear how those fears will play out in future criminal cases, this new decision has at least a mild limiting effect on the rights of criminal suspects under Miranda to be able to avoid their answers being used against them if they choose to answer any questions.…

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Why Hire a Truck Accident Attorney?

Trucking companies own rigs and hire drivers to travel the country carrying cargo. When a truck accident occurs, the trucking company is usually at fault because their drivers are the ones driving the vehicles. They have insurance coverage, but it doesn’t cover passengers or other people. It’s important that you are represented by a competent truck accident attorney who understands your rights and the legal process whenever involved in a collision with a truck.

Fair Compensations

If you win your case, you will be entitled to financial compensation to cover your losses. You may be able to recoup vehicle damage, medical bills, and pain and suffering compensation. To make a successful settlement, you must show the court that the trucking companies were negligent. A truck accident attorney will review your case and provide a recommendation of the most feasible outcome. He or she will likely request financial settlements from the trucking companies in your place.

Going To Trial

The second scenario is the trial after the truck accident attorney has recommended the most feasible following. You and your lawyer will sit down to discuss possible outcomes. This discussion will likely continue for several weeks. It is during this time that you and your lawyer will decide how to present your case and negotiate an appropriate settlement amount.

Many times drivers who have been involved in serious truck accidents have been unable to work and have lost their income. These drivers may also have to bear the high costs of vehicle repairs and the associated maintenance. The trucking company may have sought out other drivers to fill in for their injured drivers, which has created a ripple effect if the victim is the truck driver. Basically, we are talking about so many variables that become incredibly difficult to handle, especially when going to court.

Getting Treated

The last huge advantage of hiring a truck accident attorney is that he can guarantee the personal injury claim is successful while you get to take care of your heath. There is a huge possibility you will be seriously injured so you will spend a lot of time getting the treatments you need.

This is an advantage that most people do not even consider when thinking about hiring a truck accident attorney. Do not make this mistake. The legal help that you will receive is priceless, especially since it guarantees that you can recover properly from your injuries while not having to personally deal with the legal process of claiming a personal injury claim.

Final Thoughts

Personal injuries are often the cause of so many deaths in the US every single year. Accidents involving commercial vehicles are responsible for more than two hundred deaths and injuries every year in the UK, with more victims in the US. In addition, these accidents usually result in extensive damage to personal property. It is best for all parties to consult with a qualified truck accident attorney to determine if a lawsuit is the right route to pursue. The attorney will be able to assess your case and recommend the most reasonable and practical way for you to receive fair compensation.

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Which Individuals Often Seek Out A Theft Attorney?

Which Individuals Often Seek Out A Theft Attorney?

We can readily identify three groups of people who are often seeking the expertise of it. Criminal law is the branch of the law being practiced by them. However, his concentration is more on theft cases. Nowadays, we are seeing subspecialties in the main criminal law specialty, and this (‘theft law’) is one of those subspecialties. If you want someone who is familiar with the intricacies of theft law, it’s the theft attorney who you should be approaching. They know all the constitutional and statutory provisions that govern it. They are also well-versed when it comes to other previous cases that give precedent to any such case you may be facing now. Such is their familiarity that no other word could be used to describe them but specialists. More often than not, they started their career interning in law firms that specialized in these cases. In fact, you’d probably come across theft attorneys who have been handling nothing but theft cases throughout their career. It is by virtue of such experience that they qualify to be termed as expert theft attorneys. More often than not, they are famous in their locality or their city. Ask other lawyers, and they would even recommend him to you should you require a theft attorney. When we speak about the services of it, there are three identifiable groups of people who are most likely to seek them out.

It is most often sought by individuals who are charged or accused with committing it and are expected to go to court because of them. They could be innocent or guilty. The defense of these accused individuals have to be solid and credible, and that is where it comes in. The theft attorneys can draw on their familiarity with the law and other constitutional provision in order to mount said defense. The theft attorneys also tend to have good knowledge of the statutes they can cite when defending the said clients. They tend to dig deep and even look into past court cases for additional information. Theft cases handled by theft attorneys have a better chance of being resolved quickly in favor of the accused, so you should consider hiring these specialist instead of criminal lawyers who practice general law.

Victims of theft are also active in seeking out the services of these theft attorneys. Whenever they feel as though they have to do something to bring those people who stole from them to justice, they need a plan or a strategy. They can do that with the help of a theft attorney, and they can also possibly recover the items that have been stolen from them. The theft attorneys are usually very well placed, by virtue of their experience, to give such advice.

Workplace theft is also quite prevalent nowadays and, in an effort to curb this, rules or policies should be set. Thus, employers seek out theft attorneys to help them out in policy-making. Certain industries have fallen prey to various acts of theft in the workplace. The people trying to create anti-workplace theft policies often have to consult the theft attorneys, in order to be advised on ways in which they can craft policies that actually have the full backing of the law.…

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Why The Representation Of A Criminal Lawyer Is Important

Why The Representation Of A Criminal Lawyer Is Important

The legal system is often very complicated, and can be daunting to anyone who is charged with a crime. You need to hire a criminal lawyer to represent you if you are facing prosecution. It is important for legal representation to be obtained as soon as possible after you suspect you will be charged with a crime. A good criminal lawyer will be able to disprove the prosecution’s case and raise the necessary reasonable doubt to achieve an acquittal in your case.

When you are charged with a crime, the wheels of justice begin turning almost immediately. You will likely need to arrange bail. You will be required to appear before a judge at an arraignment. A criminal lawyer can help you determine what actions will be taken. The lawyer will provide advice to help you map out a prudent course of action.

You may be released on bail after the arraignment while awaiting trial. If you are not released and must remain incarcerated, your attorney will be able to visit you in jail. Your conversations with an attorney are protected and confidential. Any advice obtained from a lawyer should be implemented, but some people have difficulty accepting the advice.

A defense lawyer has the right to be presented with evidence that could be used against you during trial. The discovery process can help the lawyer to build a good case for you. The attorney may arrange for depositions or other information gathering processes to use in court. These might include scheduling the appearance of expert witnesses and testing of evidence.

When your trial begins, your legal counsel is responsible for obtaining the best possible panel of jurors. The process involves skillful questioning during jury selection and may require the use of a jury consultant. Being able to develop fairly immediate rapport when questioning the jury pool can make a significant difference in the outcome of your case.

Your lawyer has the responsibility of reviewing the major points of the prosecutor’s case and determining where there are weaknesses or gaps. These issues must be presented in clear and understandable terms to the jurors through skillful questioning of witnesses, presentation of evidence or pointing out inconsistencies during closing arguments. Skill in reading the body language of others can be a key ingredient in a successful defense.

The legal professional must monitor the questioning by the prosecutor so that if questions are improperly phrased, they can be prevented from entry into the record of the trial. Even when the ruling of the judge is in opposition to the fortunes of your case, it may be possible to have such decisions reversed upon appeal if verdict is “guilty”. During and after an unsuccessful defense, it is the lawyer’s responsibility to take notice of potential instances in the case that could be argued in a higher court when the outcome in the initial case is undesirable.

A criminal lawyer takes great pleasure in the successful exoneration of their client, and when this is achieved it is certainly a cause for celebration. When a less desirable outcome occurs the work doesn’t end there. Luckily, in many guilty verdicts there will be grounds for appeal and this is something that shouldn’t be overlooked. When you retain the services of a good criminal lawyer you can expect your best interests to be accounted for either way.…