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Miranda Rights|
Your Massachusetts criminal defense attorney is providing these basic tenants of the law for your information. However this is not legal advice. Please contact a Massachusetts criminal lawyer to receive proper legal advice and an evaluation of your case. Learn your Miranda Rights.The Fifth Amendment to the United States Constitution states that no person shall be compelled in any criminal case to be a witness against himself. Based on this right, the Supreme Court has determined that criminal suspects cannot be subject to custodial interrogations without first being informed of their constitutional rights to remain silent and to have defense counsel. When a suspect is taken into custody, the Miranda warnings must be given before any interrogation takes place. The primary purpose of the Miranda warnings is to ensure that an accused is aware of the constitutional right to remain silent before making statements to the police. Two conditions must be satisfied in order to invoke the warnings constitutionally required by Miranda. First, the suspect must have been in custody; second, the suspect must have been subjected to police interrogation. The definition of interrogation extends only to words or actions on the part of police officers that they should have known were reasonably likely to elicit an incriminating response. A custodial interrogation is questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of action in any significant way. What kind of charges does James Geraghty defend against? Property Crimes |
