Recently, the United States Supreme Court has held that the age of a child subjected to police questioning is a relevant factor to consider in determining where a minor must be given Miranda warnings before being questioned by law enforcement officers. Under Miranda, an individual must be advised of the “Supreme Court: Age of a Child is a Relevant Factor in Miranda Cases”
Miranda: The Prosecution Will Not Use What You Say to Help You
The United States Supreme Court requires that a criminal defendant be advised of the rights to remain silent and request an attorney before being questioned by the police while in custody. For over 40 years these rights have been enshrined in the famous Miranda warning, an important procedural safeguard to “Miranda: The Prosecution Will Not Use What You Say to Help You”
Meeting the Police without a Lawyer
I am often contacted by individuals seeking advice about whether they need legal advice before meeting with law enforcement. Often, these individuals do not feel that they have anything to hide from the police and that their lack of cooperation will be viewed with suspicion. Further, because employment obligations, management “Meeting the Police without a Lawyer”
Sneaking past the Attorney to get the Defendant: Montejo v. Louisiana
Criminal defense lawyers uniformly advise their clients to provide information to law enforcement only by and through an attorney, and for good reason. Many cases are prosecutable only because the defendant gave the police what they needed to make their case. In the past, attorneys did not have to worry “Sneaking past the Attorney to get the Defendant: Montejo v. Louisiana”
Courts Allow Police to Lie to Obtain Statement
False confessions undeniably lead to the convictions of innocent suspects. Despite this harsh reality, we now have an appellate court decision reaffirming the principle that law enforcement can be trusted to use deception in order to obtain a suspects confession. However, San Diego Criminal lawyers remember well the lessons derived from the Richard “Courts Allow Police to Lie to Obtain Statement”