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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How Bad Lawyering Can Result in Wrongful Convictions
While the U.S. Constitution guarantees a defendant the right to representation by an attorney in a criminal case, there is no guarantee that the attorney will be effective, thorough, or even competent. For the majority of defendants charged with serious crimes, coming up with the thousands of dollars necessary to hire a renowned private criminal defense attorney is simply out of …
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The Pros and Cons of Plea Bargaining
When faced with criminal charges, a defendant often has one simple goal. That is, to minimize the potential penalty. Of course, being found innocent at trial, and being aquitted, is the best way to avoid jail time and other penalties. However, going to trial can be risky because it is impossible to predict what a jury will decide. Therefore, many defendants choose to …
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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 …