Los Angeles Miranda Rights Violation Attorney
If you are arrested and charged with a crime in southern California, you’ll probably be read your “Miranda” rights, which include your right to an attorney. Most Californians know about Miranda rights from watching television if not from first-hand experience. “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be appointed for you.”
Los Angeles miranda rights violation attorney Douglas Miranda shares more than a name with the Miranda rights that are read to suspects when they are arrested. He also shares the belief that law enforcement has to play by the rules, and that when people arrested, they deserve to know their legal rights. This is why the Miranda Rights Law Firm focuses exclusively on criminal defense law. Mr. Miranda has more than a decade of legal experience; he has represented thousands of misdemeanor and felony defendants. He has acquired advanced training in many areas of criminal defense and believes that when his clients’ rights have been violated, the government should be held accountable. If you are charged with any crime in Los Angeles or the southern California area, speak at one with an experienced Los Angeles miranda rights violation attorney: Douglas Miranda.
THE BASICS OF MIRANDA RIGHTS
Too many people believe that if they are arrested and not read their rights “like on TV,” they can avoid the consequences of their actions. That simply isn’t true. Of course, there are exceptions. If you’re charged with any crime in southern California and you believe that your Miranda rights weren’t explained – or were violated by the police – get legal help promptly and speak at once with an experienced LA Miranda rights violation attorney.
“Miranda rights” were established by the 1966 Supreme Court decision in Miranda v. Arizona. The court determined that the constitutional rights of Ernesto Miranda had been violated during his arrest and trial for armed robbery, kidnapping, and rape. The law now requires police officers to explain your Miranda rights after your arrest but before questioning you or seeking formal statements while in police custody. Your “Miranda” rights are:
- You have the right to remain silent.
- Anything you say can be used against you in a court of law.
- You have the right to have a lawyer present during any questioning.
- If you cannot afford a lawyer, one will be appointed to you.
It doesn’t matter where an interrogation occurs; if a person is in police custody, the police must read the person’s Miranda rights if they want to ask questions. However – and this is important – if someone is not in police custody, no Miranda warning is required and anything the person says can be used anyway. Police officers often avoid arresting people precisely so they don’t have to give the Miranda warning. Then they can arrest a suspect after eliciting the incriminating information they were actually seeking. This is why it’s important to have an experienced California defense attorney who can evaluate your case and go up against the prosecution in cases where your rights were violated.
If you are being interrogated by the police for any reason – whether they tell you this or not – you always have the right to remain silent, and most criminal defense lawyers will advise you to exercise that right. If you’re facing any felony or misdemeanor charge in southern California, now or in the future, speak at once with an experienced Los Angeles Miranda rights violation attorney for the legal advice and defense representation you need.
VIOLATION OF MIRANDA RIGHTS
It is a big misconception that if you are arrested and the police fail to read you your Miranda Rights, the charges must be dropped. This is untrue, but when this happens, the prosecutor can’t use anything the suspect says as evidence against them at trial. There are a few exceptions to this law but you do have rights.
Any person being detained and interrogated must be made aware of the right to remain silent, the right to consult with an attorney and have the attorney present during questioning, and the right to have an attorney appointed if indigent per the Fifth Amendment of the US Constitution. The Miranda warning comes from the U.S. Supreme Court’s Miranda v. Arizona decision. The police must read the Miranda rights if they want to ask questions and use the answers as evidence at trial.
The Miranda rule is difficult to always understand. It is always a good idea to protect your rights if you have been arrested by contacting an experienced and aggressive attorney in the Los Angeles area for a full explanation of the law. When police officers question a suspect in custody without first giving the Miranda warning, any statement or confession made is presumed to be involuntary and therefore not admissible in court.
The sole purpose of Miranda Rights is to protect suspects against self-incrimination. The wording and sentence complexity of Miranda are different from jurisdiction to jurisdiction. To get the full protection of Miranda rights, suspects must appeal to either the right to remain silent or the right to an attorney.
WE PROTECT YOUR MIRANDA RIGHTS
We represent individuals charged with crimes whenever their legal rights have been violated during or following an arrest. When the government does not inform people of their rights and then illegally obtains evidence or a confession, that evidence or confession can be excluded in court. We will determine if the government is trying to use inadmissible evidence against you. Mr. Miranda has filed over 1,000 motions for his clients, and he makes sure that the government doesn’t have an unfair advantage when it prosecutes you for a crime.
LEARN MORE ABOUT YOUR RIGHTS
To find out more about how, California miranda rights violation attorney, Douglas Miranda can help protect your rights, contact our Los Angeles law offices today. At the Miranda Rights Law Firm, we take our responsibility to our clients seriously. Let us put our experience to work on your behalf. If you’re facing legal trouble in Los Angeles County or the surrounding region, we invite you to schedule a free consultation with an experienced LA miranda rights violation lawyer. Send an email, or call 213-293-1207. Se habla español.