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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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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Wrongful Incarceration Due to Police Planted Evidence
The American legal system is one of the most revered in the world for the justice that it typically brings to victims and for the fair trials that it is designed to bring to accused defendants. However, the American system of justice only works if every player does its part. That means that the police, lawyers and judge must all comply with the requirements of their oaths and perform …
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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 …