Thursday, January 19, 2012

The Police Failed to Read Me My Rights

Every week I receive some question concerning the significance of law enforcement’s failure to read someone his/her rights.  Sometimes the question explicitly asks if all of the charges can be dismissed, but most of the time the question is searching for some hope that the failure to read the rights might benefit the person that has been arrested.  Because it appears to be on the minds of so many people, I decided to just address it in its entirety. 

First, the rights that everyone is thinking and talking about are referred to as the Miranda warnings.  When law enforcement reads the Miranda rights, they tell the accused: 

You have the right to remain silent.  If you give up the right to remain silent, then everything you say can (and will) be used against you in a court of law.  You have the right to an attorney.  If you cannot afford an attorney, one may be appointed to represent you.  Do you understand these rights? 
 Although those are the rights, the most important question comes at the end of those rights, which puts you on notice as to why the police are reading the rights in the first place: 


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About Me

I hung a shingle in February 2000, because I saw that individuals charged with criminal offenses were being underserved by the attorneys practicing criminal law. Since February 2000, I have represented more than two thousand criminal clients. I only practice criminal law, but I do everything from violations of probation to Supreme Court appeals. There are few attorneys under the age of sixty that have my level of experience. I have tried more than two hundred major felony jury trials. I have tried more than fifty misdemeanor jury trials. In Philadelphia as a prosecutor, I tried more than two thousand bench trials. I have conducted more than three thousand preliminary hearings and bond hearings. Yet, I still have the energy at forty-five to serve my current clients. There is nothing that will occur in a courtroom that I have not experienced before. When you are looking for an attorney, experience is everything.