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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Wrongful Convictions Resulting from False Confessions
In a substantial number of cases involving wrongful criminal convictions, innocent defendants voluntarily plead guilty, or otherwise confess to the crime with which they are charged. While it seems counterintuitive to the normal person to admit guilt to crime that he or she didn’t commit, innocent defendants sometimes erroneously admit guilt for a number of reasons, including fear …
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Infraction, Misdemeanor or Felony: What is the Difference?
Criminal charges and wrongs are typically classified as infractions, misdemeanors or felonies depending on the severity of the wrong. The more serious the charges, the more serious the punishment usually is as well. Infractions Infractions are violations of law or ordinances that are typically pretty minor, including traffic infractions. An infraction …
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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 …