WELCOME TO THE BLOG OF THE LAW OFFICE OF PAUL R. MORASKI, MASSACHUSETTS CRIMINAL DEFENSE ATTORNEY

We blog about relevant issues in criminal defense law, discuss the misconceptions surrounding criminal defense law, and provide readers with helpful criminal defense information and resources.


Please visit www.massdefense.com for more information.


Tuesday, August 21, 2012

Were Your Miranda Rights Violated?

Miranda rights have been put in place to ensure that our constitutional rights against self incrimination and our right to an attorney are protected. Are you wondering if your Miranda rights have been violated? In most situations that is a complex question to which only the courts can provide the answer to. However, there are procedures that police are required to follow when taking a person into custody.

Your Miranda rights must be read when two circumstances occur: the first is you must be placed in custody and the second provision is when a custodial interrogation begins.

A custodial interrogation is generally any questioning by a police officer after a person has been detained (held against their will, hand cuffed, placed in the back of a police car, or deprived of freedom in any way).

When a person has been detained, a police officer must inform you of your right to remain silent and your right to have an attorney present. There are of course exceptions to this. In an instance where you were pulled over for a routine traffic stop and a police officer asked you questions, they are not required to read you your Miranda rights. A traffic stop is not considered custodial, even though you are not really free to leave during questioning. This situation would be considered a Terry stop and Miranda rights are not mandatory.

If you are asked questions about your involvement in a crime or about a crime itself then your Miranda rights must be read. Any questions designed to obtain incriminating information must be preceded by Miranda rights. A line of questioning including, “Where did you get these drugs?” or “Do you have permission to drive this car?” or “What were you doing there?” are all examples, of when Miranda might attach.

Although law enforcement have been using Miranda warnings in the United States since 1966, errors continue to be made. Attorney Moraski will determine whether a Miranda warning was required for your case and if so, he will fight to get a damaging statement or confession suppressed in court. This can immensely affect the outcome of your criminal case.

The question of whether your Miranda rights have been violated or not is an extremely intricate one. Just because you confessed to a crime or made a damaging admission, does not mean that your case is hopeless, so if you suspect that your rights have been violated contact Massachusetts Criminal Defense Attorney Paul R. Moraski.


The Law Office of Paul R. Moraski
221 Essex Street, Suite 51
Salem, Massachusetts 01970
Tel: 978.744.1200
Cell: 978.397.0011
Fax: 978.825.1370

attorneymoraski@yahoo.com
www.northofbostonlaw.com
www.massdefense.com
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