Category: Misdemeanors

 

Regardless of who got your vote in November, we can probably all agree that this election has been the source of more tension and dissension than any in recent memory. Donald Trump won the election by receiving 307 Electoral College votes. Many sources say that Hillary Clinton won the popular vote by over two million votes. Some people have been calling for a recount. Mr. Trump has been saying

I frequently get called by people who are stressed and panicked because a law enforcement officer has made contact with them, and they do not know how to handle it.  This is especially true for those who have never been charged with a crime before, even if they themselves are not the subject of any investigation.

 

While it is impossible to generalize and provide advice suitable for all situations,

During the process of conducting a consultation either online, over the phone, or in person with a prospective client facing criminal charges, I often get asked the question of whether the outcome in two cases, both with identical charges, can be predicted.  The scenario is usually something like ‘my buddy got charged with X and got Y specific deal and outcome, shouldn’t I get the same thing?.  The short answer

One of the most frequent complaints I hear from prospective clients during free consultations is that the police did not read them their rights.  The significance of any such omission may not be as serious as you would think.

 

There is no blanket rule requiring a police officer to read you your rights, or as they are known in legal terms, Miranda rights.  You are only entitled to a

A commonly held belief is that if you are arrested and the police fail to read you your rights, your case will be invalidated and possibly dismissed.  This belief is not, however, accurate.  If police fail to read you your Miranda rights, the relevance of that failure is that the prosecutor cannot use any statements obtained from you following your arrest in their prosecution.

 

To have your Miranda rights