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Posts Tagged ‘Miranda rights’
Overseas Detainees Still Being Mirandized
Thursday, June 11th, 2009
Some detainees that were captured and held abroad are still being read Miranda rights in order to preserve evidence for potential prosecution. Obama administration officials said that Bush administration also did this in some instances related to certain criminal cases.
Although the actual Miranda rights differ depending on the state, they would adhere to court ruling that “prior to investigation, the people in custody must be informed of their rights to remain silent and anything that they say may be used against them in court. They must also be clearly informed that they have the right to consult attorneys and to have those attorneys present during questioning. Also, an attorney will be provided at no cost to represent them if they are indigents.”
Rep. Peter Hoeskstra (R-Mich), House Intelligence Committee’s ranking Republican, expressed his concern about this news. “The last thing we want is to let the al-Qaeda terrorists remain silent. We should be focused on knowing and preventing the next attack. We can’t give these radical jihadists new tactics they could use to resist interrogation,” he said.
In March, President Obama was interviewed by 60 Minutes and he said “the whole Guantanamo premise promoted by Cheney (Vice President) was that the American justice system is somehow not equipped to deal with these terrorists. I disagree with that. So do you think these folks deserve to be treated the same way as a shoplifter in the neighborhood block? Of course not.”
Tags: al-Qaeda, attorney, attorneys, Criminal, detainees, Miranda rights, Obama, Peter Hoekstra, rights, terrorists
Posted in Criminal, Criminal News | No Comments »
Your DUI Case is not Hopeless
Tuesday, May 5th, 2009
A DUI charge doesn’t necessarily lead to instant convictions. Actually, there are many ways to challenge it. If you speak to an experienced DUI lawyer, he or she can assess your case. In many instances, an attorney may clear your record fully, or keep consequences to a minimum at the very least.
Challenge your initial arrest – when you’re arrested by a police officer under suspicion of DUI, he or she should have a probable cause as prescribed under the United States constitution. If your arrest is based solely on a random basis, an anonymous tip, or on “suspicious” reasons such as race and ethnicity, then your DUI lawyer can question this arrest.
Challenge your questioning – upon arrest, officers must read your “Miranda rights,” which is composed of specific rights to remain silent, entitlement to a lawyer, etc. So if you’re arrested and the officer didn’t recite these famous lines, your DUI lawyer’s defense will move towards a violation of your rights.
Challenge your tests – in most states, officers will require a test (urine, saliva, blood, or breath test) to check the level of alcohol in your blood. Even if you failed on these tests, your DUI lawyer can question the functionality and maintenance of breathalyzers, as well as the medical qualification of the person who did the blood alcohol testing. On these grounds, your case is definitely not an instant losing battle.
Tags: breathalizers, dui, DUI lawyer, lawyer, Miranda rights
Posted in Uncategorized, dui, dui laws, dui lawyers | No Comments »