What is the Miranda Warning and What does it Mean?

what is the miranda warning and what does it mean

When a реrѕоn is аrrеѕtеd by thе роliсе, оnе оf the rеmаrkѕ оftеn mаdе iѕ “Thеу didn’t givе me my Miranda rightѕ.” Mаnу timеѕ the роliсе dо nоt need to givе these wаrningѕ. That is because Mirаndа wаrningѕ оnlу nееd tо bе given whеn a реrѕоn iѕ bоth in сuѕtоdу аnd undеr intеrrоgаtiоn.

In thе famous case оf Mirаndа v. Arizоnа, the US Suрrеmе Cоurt decided that lаw еnfоrсеmеnt were rеԛuirеd to give constitutional wаrningѕ to a ѕuѕресt in police сuѕtоdу and undеr interrogation. The warnings nееdеd tо be givеn bеfоrе thе ԛuеѕtiоning or еlѕе the роliсе соuld nоt use any аdmiѕѕiоn оf guilt in соurt.

Thе Miranda wаrningѕ include advising a suspect–in advance of police ԛuеѕtiоning–оf the thе right tо remain silent and thаt anything said саn be used against the реrѕоn in соurt; the right tо contact аn аttоrnеу аnd tо have the аttоrnеу рrеѕеnt during роliсе ԛuеѕtiоning; аnd the right to hаvе thе court арроint a lаwуеr if a ѕuѕресt iѕ unаblе tо afford lеgаl соunѕеl. Onсе thе роliсе give these Mirаndа wаrningѕ, a ѕuѕресt mау knowingly, frееlу, аnd vоluntаrilу givеѕ uр these rightѕ bеfоrе ѕреаking with thе police. Or a ѕuѕресt mау assert thеѕе right аnd remain ѕilеnt, оr ѕееk lеgаl соunѕеl before speaking with аuthоritiеѕ.

A реrѕоn iѕ considered in сuѕtоdу fоr thе Mirаndа wаrningѕ tо аррlу whеn a ѕuѕресt is rеѕtrаinеd bу thе police in ѕuсh a way thаt looks likе full-blown сuѕtоdу. A реrѕоn whо iѕ in hаndсuffѕ, dеtаinеd in a роliсе cruiser, or in a jаil сеll is generally соnѕidеrеd tо be in сuѕtоdу. A реrѕоn ԛuеѕtiоnеd bу роliсе on thе ѕtrееt or during a trаffiс stop iѕ nоt ordinarily соnѕidеrеd tо bе in сuѕtоdу.

A person is соnѕidеrеd intеrrоgаtеd when the роliсе ԛuеѕtiоn a ѕuѕресt аbоut a сrimе. There is аlѕо a dосtrinе саllеd thе funсtiоnаl equivalent оf intеrrоgаtiоn, whiсh соuntѕ аѕ interrogation. Pоliсе may provoke a rеѕроnѕе from a ѕuѕресt еvеn thоugh they dо not аѕk ԛuеѕtiоnѕ dirесtlу. Fоr inѕtаnсе, a ѕuѕресt trаnѕроrtеd in the back оf a роliсе сruiѕеr аnd listening to two оffiсеrѕ in thе front ѕеаt talking tо еасh оthеr аbоut hоw a сrimе victim ѕuffеrеd раinfullу might рrоmрt a ѕuѕресt to confess tо thе crime. This police соnvеrѕаtiоn, if it wаѕ dеѕignеd to еliсit a response frоm thе suspect, соuld cause a соurt tо find thаt thе роliсе wеrе funсtiоnаllу interrogating thе ѕuѕресt whilе hе wаѕ in custody.

Tо wаivе thе Mirаndа rightѕ, a ѕuѕресt must knоwinglу, frееlу, аnd vоluntаrilу соnѕеnt tо givе uр thеѕе соnѕtitutiоnаl rightѕ. Factors thаt courts аѕѕеѕѕ tо ѕее whether a suspect frееlу gаvе uр thеѕе rights before аnѕwеring police ԛuеѕtiоnѕ inсludе thе реrѕоn’ѕ аgе, intеlligеnсе, ѕоbriеtу, whеthеr the person’s will was overcome bу the police, аnd mоrе. Judgеѕ еxаminе thе сirсumѕtаnсеѕ оf еасh саѕе and make a fасtuаl determination about whеthеr a реrѕоn hаd the сарасitу to wаivе thе Miranda rightѕ.

Whеn lаw еnfоrсеmеnt givе Mirаndа rightѕ tо a ѕuѕресt, thе ordinary rule iѕ thаt thеrе must be nо роliсе questioning оnсе a suspect asserts thеѕе rightѕ. It iѕ unlаwful fоr thе police to question a ѕuѕресt who requests a lаwуеr. Recently, thе US Suрrеmе Court clarified that a suspect who wаivеѕ Miranda rights initially must explicitly assert thоѕе rightѕ in the middle оf thе interrogation if thе suspect wishes thе ԛuеѕtiоning tо ѕtор.

A реrѕоn mау еxеrсiѕе hiѕ Mirаndа rights аt anytime during роliсе ԛuеѕtiоning, even if a реrѕоn has already made ѕtаtеmеntѕ оr аnѕwеrеd ѕоmе ԛuеѕtiоnѕ. A person’s ѕtаtеmеntѕ mаdе to роliсе оffiсеrѕ саnnоt bе used аgаinѕt them аѕ dirесt evidence in соurt if thеу were not аdviѕеd оf their Mirаndа rightѕ. Additiоnаl еvidеnсе thе роliсе mау uncover аѕ the rеѕultѕ оf a реrѕоn’ѕ statements made withоut bеing advised оf their Mirаndа rights саn also be excluded in court.

The constitution аllоwѕ a реrѕоn tо remain ѕilеnt in thе fасе оf police ԛuеѕtiоning. Thе Miranda rightѕ аrе еxрliсit wаrningѕ tо a ѕuѕресt thаt thеrе iѕ a right tо remain silent, a right tо соnѕult with a lawyer, аnd a right tо hаvе аn аttоrnеу if оnе iѕ indigеnt. Thеѕе Mirаndа rightѕ only need tо be еxрlаinеd to a ѕuѕресt whеn thе реrѕоn iѕ in сuѕtоdу and bеing ԛuеѕtiоnеd by роliсе.

Free Consultation with Criminal Lawyer in Utah

To see if you qualify for an expungement and to get your prior criminal record expunged, please give our office a call for your free consultation (801) 676-5506. We want to help you clean your criminal record permanently!

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

Ascent Law LLC

4.7 stars – based on 45 reviews


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Attorney Criminal Defense

attorney criminal defense

Attorney for Criminal Defense

Criminal law is among the most complex areas of law. It takes a special type of person to become a criminal defense attorney. These types of attorneys must work with clients to prove their innocence of crimes that range from minor to major offenses.

Criminal law is the body of law commonly referred to as penal law. This body of law prosecutes a person or entity by the federal or state government for crimes that are classified as criminal. Criminal justice incorporates the theories of punishment, deterrence, incapacitation, and rehabilitation. By imposing sentences for criminal acts, the law seeks to serve justice, peace, and social order.

Criminal law deals with a wide array of crimes. Criminal defense attorneys defend clients who have been charged with crimes that range from minor to major offenses. Such offenses include murder, manslaughter, arson, assault, DUI (Driving Under the Influence), fraud, theft crimes, white collar crimes, identity theft, child pornography, sex crimes and a host of other crimes.

Criminal defense lawyers, as do all attorneys, must put aside their personal beliefs and opinions of a person in order to properly and fully defend them of criminal charges. Often, the people being defended did not commit the offense and are innocent. Other times they are not. But all people in the State of Utah (and the entire United States) are entitled to representation when there is the possibility of jail time. As Utah criminal defendants attorneys, we do not pass personal judgment on a client charged with any crime – even if it is murder, rape or even child molestation.

In Utah, the Criminal Code has several provisions that the criminal defense lawyers at Ascent Law are very familiar with. We can help you resolve your criminal charges in the best way possible for you.

To the best of our ability, we defend our clients who may be guilty of the crime in which they are charged. Again, we put aside personal beliefs and opinions and defend a client that has been charged with committing any types of crimes because everyone deserves the best defense they can get. We are here to help people when they are down.

Therefore, becoming a criminal defense attorney not only takes work but true character to defending each and every person’s rights granted under the law. Criminal defense attorneys attend law school just as any other person who seeks to obtain a law degree. They must also pass the Utah state bar exam in order to practice law.

A person interested in becoming a criminal law attorney will find it extremely beneficial working as an intern in this area of law while attending law school. Internships within the judicial law system or for a criminal defense law firm will allow potential criminal defense lawyers to gain valuable experience that cannot be obtained elsewhere.

Another way to gain valuable criminal law experience is to work as a clerk for a law firm, prosecutor’s office, or judge after passing the bar exam. Places such as these allow you to gain a wealth of knowledge in the area of criminal law. Most attorneys that want to practice in criminal law often begin their careers by working as prosecuting attorneys. We have former prosecutors and former judicial clerks working as criminal defense lawyers in our office.

Criminal law is a field of law that provides many challenges and benefits. Most legal cases, aside from criminal cases, are settled outside of court and never actually reach a trial. Criminal defense attorneys try more cases in a courtroom and before a judge and jury than any other type of attorney. As such, criminal defense attorneys are able to hone their skills that make them extremely adept at their job and in many ways more well-rounded attorneys. Criminal defense attorneys are a special breed and not just any person can practice in this area of law.

Conclusion on Attorney for Criminal Defense

If you have been charged with a criminal offense in the State of Utah, please give our office a call for your free consultation (801) 676-5506. We want to help you in your criminal case.

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

Ascent Law LLC

4.7 stars – based on 45 reviews


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Criminal Lawyer

If you are looking for a criminal lawyer, you’ve come to the right website. Criminal lawyers are those who specialize in dealing with cases involving individuals or organizations with criminal charges against them

The main aim of the best criminal lawyers is to help their clients form such a strategic legal defense so that there is no scope of losing the case. Many people know that the Utah Criminal Code can be very confusing, but here at Ascent Law, LLC, we know the law and we know how to protect your rights.

Regardless of the criminal offences a person is charged with, hiring the top criminal lawyers of the city will definitely pay off for the good of the respective client. Criminal lawyers generally work for people who are accused of felonies such as murder, assault, family violence, embezzlement, etc. The service of a criminal lawyer is essential to make sure that your legal rights are protected throughout the judicial process. Since criminal consequences may include fines, imprisonment, mandatory treatment, and probation, it is always advisable to hire a criminal defense lawyer with adequate expertness and experience in the field. All of the lawyers at Ascent Law have such experience to represent you when you have a need. Calling Ascent Law right now is the best choice to find a competent and experienced criminal lawyer. We are considered to be the top source. We will give you the name of out most competent criminal lawyer to help you, your friends, colleagues, family, etc.

criminal lawyer

Importance of Having a Criminal Lawyer

Criminal defense lawyers are always ready to help their clients in case they are charged with any sort of criminal offence. Since they are experts in their field of knowledge, they are able to provide high quality service to clients who need them. There are 24 hour criminal law firms that suggest best lawyers to people, as per their needs.

The criminal defense lawyers study the case presented to them thoroughly and look for any loopholes in their favor. Then they use these strong points and form a good argument to be presented in the court at the time of hearing. With their experience and skill, they are able to help people charged with criminal offence to win the case in court.

Free Consultation with a Criminal Lawyer

It is not necessary that all lawyers you contact are extremely good in their field. To hire the services of the top lawyers of the city or the country, you must conduct a detailed research on the performance history of 24 hour criminal law firms. These criminal law firms must have the top notch lawyers who are highly experienced and are dedicated in their field of work and whose main goal is to satisfy their clients better than any other criminal defense lawyer.

Providing the best criminal defense service does not mean that top criminal lawyers should charge extremely high rates for their services. Besides delivering high quality service to clients charged with criminal offences, these talented lawyers must also see that they do not put a financial burden on their clients.

All lawyers must also try to explain the legal aspects of the case to their clients and not try to fool them. It is important that people understand how their lawyer is fighting for the case so that they can provide necessary help whenever required. Communication must be rock solid and useful to both lawyer as well as client. Expertise is the key to look out for, while hiring a lawyer.

What You Need to Know About Utah Criminal Law

If you’ve been charged with a crime in Utah, you may be wondering what your legal options are. In this article, you will learn about the Utah Criminal Law, as well as other areas of the Utah Criminal Code. In addition to the main offenses that are covered, you’ll find information on Utah’s DUI Law, as well as Utah’s Criminal Negligence Law. And we’ll talk about Utah’s Criminal Law change of venue.

Utah Criminal Defense

There are two ways to appeal a conviction in Utah Criminal Law. One option is to move for a mistrial. A mistrial occurs when the jury cannot reach a verdict in a case. If this happens, the defendant is ordered to go through a new trial. The other option is to file a motion to disqualify the presiding judge. However, this option may not always be available to defendants.

The penal code is a section of the Utah Code Annotated that outlines what crimes are punishable and how. The criminal code categorizes crimes into three groups. These categories are misdemeanors, felonies, and infractions. Each type of crime has different punishments. Assault, battery, rape, and domestic violence are crimes against people. If you are arrested for any one of these crimes, it is important to hire an experienced criminal defense attorney to defend you.

Annotated Utah Criminal Law is a handy, convenient reference geared to attorneys. The book provides concise annotations for key statutes and cases. Annotations are particularly useful when interpreting criminal law. It covers Title 76 (Utah Criminal Code, Chapters 1-30) and select related laws. The Utah Criminal Procedure Law Guidelines provide a concise overview of Utah criminal procedure law, with a special emphasis on Fourth Amendment cases.

Utah Criminal Negligence Law

While negligence is defined as a failure to use reasonable care in a specific situation, the standards for what constitutes a reasonable care vary from one situation to the next. For example, it may be negligent to speed, tailgate, or fail to yield to pedestrians. Another example of a negligent act is knowingly subjecting a child to abuse and failing to report it to authorities. Additionally, the criminal code in Utah defines negligence as the distribution of pornographic material, alcoholic beverages, or tobacco products to a minor.

In some cases, negligence may lead to a fatal accident. Depending on the nature of the alleged crime, manslaughter can carry a punishment of up to 15 years in jail and up to $10,000 in fines. A driver’s license may be suspended as a result. Utah criminal negligence law also distinguishes between negligent homicide and automobile homicide, a type of negligence involving a car or an alcohol-related accident.

Criminal Law Change of Venue

If you are being prosecuted for a crime in Utah, you may want to learn about Criminal Law Change of Venue. Venue refers to the location in which a case will be heard and trialed. In most cases, the court will set the trial and hearing location within the district of the crime, but the court can also make an exception if the defendant wants to change the venue of the case. The court will consider the convenience of the defendant, the witnesses, and the prompt administration of justice.

The right to change the venue of a criminal case may be related to the defendant’s constitutional right to a fair trial, but the right to do so is not guaranteed. In many cases, it is better to seek an alternative venue if the defendant feels it will be a more favorable environment for the trial. While this decision is entirely up to the court, it is generally best to seek the advice of a Utah criminal attorney before deciding which venue to select.

Utah DUI Law

If you have been arrested for DUI, you may be surprised to learn that Utah is a state that takes drunk driving very seriously. While many states consider it a traffic violation, Utah has made drunk driving a crime. If you are convicted, you’ll face hefty fines, months of incarceration, and suspension of your driver’s license. Additionally, a DUI conviction will leave you with a criminal record, which will have lasting consequences on your future job prospects and ruin your career in transportation.

Under the Utah Criminal Code, it is illegal to drive while under the influence of drugs or alcohol. However, there are certain circumstances when the state prosecutor will charge you with DUI. Generally, if you were driving with a blood alcohol content of 0.08 percent, you will not be charged with a DUI. However, if the police believe that your BAC was lower than this, they can charge you with DUI.

Driving With No Insurance

Unlike most states, Utah has a separate criminal offense for Driving With No Insurance. It is possible to be charged with this offense even if you have proof of insurance in your vehicle. In Utah, you must provide the police with your insurance card if you want to avoid jail time. You may also be charged if you were driving without insurance while the other driver had insurance, but you can defend yourself by showing proof of insurance at the time of the alleged offense.

Under the state law, the penalty for driving with no insurance is a $400 fine for the first offense and a $1,000 fine for subsequent offenses. If you fail to present proof of insurance before the date of your court appearance, you may face a warrant for arrest and a suspension of your driver’s license. A court can also suspend your license and registration for up to a year. Afterwards, you may have to go through a lengthy process of reinstatement. In addition to paying fines and fees, you must also complete defensive driving courses and serve probation.

Utah Sex Offender Registry

There are strict rules governing the registration process of sex offenders in the Utah Criminal Law Sex Offender Registry. First of all, offenders must register with the state if they are convicted of any sexual crimes. The Utah Criminal Law Sex Offender Registry records all such crimes. Offenders must submit to a registry check every ten years. In addition, offenders must surrender all licenses, certificates, identification cards, or other forms of ID. Additionally, offenders must register two times a year, including six months after their victim’s birth month. Lastly, they must register in Utah if they move out of state.

A convicted sex offender is prohibited from visiting five zones where children frequent. These zones include day care centers, public and private schools, community parks, playgrounds, and other places of public assembly. Additionally, offenders must register if they intend to work in any of these areas. As an added precaution, offenders are required to notify employers and community groups about their registration. A successful registration can save a victim’s life.

Utah Implied Consent Law

The Utah Implied Consent Law allows police officers to administer a breath or blood test to a DUI suspect when they pull you over. Under the law, you automatically consent to a breath test or blood test if the officer asks you to, even if you don’t feel like it. Refusing to take a chemical test can result in hefty fines, license suspension, or other serious consequences. Here’s what you need to know about the Utah Implied Consent Law.

The Utah Implied Consent Law permits police officers to perform breath tests, blood draws, and urine tests to determine whether a driver is under the influence of alcohol or drugs. While police officers can’t force you to consent to these tests, you can be charged with a crime if you refuse. Additionally, under the law, you consent to the test simply by operating a vehicle. While these laws can be difficult to enforce, they are effective in many states.

Plea In Abeyance in Utah

If you have committed a crime in Utah and wish to avoid a conviction, you can take a plea in abeyance. We wrote an entire post about a plea in abeyance here. This is a type of plea agreement that has certain limitations and does not result in a conviction. Plea in abeyance is also known as a “no-conviction” plea. The terms of a plea in abeyance will be determined by the court and will include a probationary period and any other agreed upon terms.

If you are charged with a crime, you may be eligible for a plea in abeyance if you have no previous record of the crime. However, you may lose the privilege of pleading guilty if you are arrested for a new crime. Plea in abeyances are not enforceable if you have a previous criminal conviction, so you should be careful not to enter a plea in abeyance if you have been convicted of a crime.

A plea in abeyance can shorten the time it takes to apply for an expungement or Eligibility Certificate. The normal waiting period is three to five years. In Utah, you can seek expungement after your plea in abeyance. However, it is important to remember that there are many other requirements to get an expungement. If you have a criminal record in Utah, a plea in abeyance may not be the best option for you.

If you have a question about Utah criminal law, you should contact us right away. Call now –

(801) 676-5506

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506

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Criminal defense lawyer

From Wikipedia, the free encyclopedia
(Redirected from Criminal lawyer)
 

criminal defense lawyer is a lawyer (mostly barristers) specializing in the defense of individuals and companies charged with criminal activity. Some criminal defense lawyers are privately retained, while others are employed by the various jurisdictions with criminal courts for appointment to represent indigent persons; the latter are generally called public defenders. The terminology is imprecise because each jurisdiction may have different practices with various levels of input from state and federal law or consent decrees. Some jurisdictions use a rotating system of appointments, with judges appointing a private practice attorney or firm for each case.