What Happens If I Am Arrested?
After you have been arrested, there are certain timeframes and procedures that the prosecution and the court must follow. Usually, the police will advise you of your Miranda rights (the …
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What Are The Miranda Rights?
Also known as the Miranda Rule or the Miranda Warning, when you are arrested in the U.S.A, police officers must warn you that you have the right to remain silent, that any thing you …
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Where Do The Miranda Rights Come From?
The Miranda rights come from the Supreme Court’s interpretation of the 5th Amendment rule against self incrimination. In 1966, the U.S. Supreme Court decided the historic case of …
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Not Guilty by Reason of Insanity
Many television and movie defendants are found not guilty by reason of insanity. However, real criminal defendants are not as successful with the insanity defense as popular media seems to suggest. One study found that the insanity defense is only used in about 1% of all court cases and is only successful in about 26% of those cases. So, only approximately one quarter of one …
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The Preliminary Hearing
It is difficult to be a criminal defendant. If the defendant is ultimately found guilty of the crimes for which he was arrested then few people have compassion for the hardships endured by the defendant while he was standing trial. However, for defendants who are arrested for a crime which they did not commit, a criminal trial can be a real burden. For that reason, there are many …
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Defendant's Waiver of Indictment
This form is used by a criminal defendant to waive his or her right to prosecution "by indictment" and to give consent to be prosecuted "by …