Articles Posted in Miranda Rights

Miranda rights are critical to protect an individual privilege against self-incrimination.  When a defendant does not speak English, what is the process to make sure that a defendant is advised of their rights in Spanish or their native language. In Commonwealth v. Oscar De Los Santos, the question of whether…

Massachusetts Supreme Judicial Court Decides Miranda Rights Case, Can a Person Re-Invoke Their Right to Have an Attorney Present? Many of us know from film and television that we have the right to remain silent after being arrested. This is one part of our Miranda rights. But what happens when…

Criminal Defendants are required to be given Miranda warnings prior to any custodial interrogations being used against them in court.  What happens when these warnings deviate from the requirements that the United States Supreme Court set forth in Miranda v. Arizona.  A case pending before the United States Supreme Court,…

As a Massachusetts OUI Lawyer, one question that is often asked is what happens if a police officer failed to read Miranda rights. In an OUI case, police officers are allowed to ask routine questions without reading Miranda.  A recent case from the Woburn District Court demonstrates when Miranda rights…

The United States Supreme Court is being asked to considers a petition for Certiorari regarding whether Post-Miranda silence violates the privilege against self-incrimination after the defendant’s arrest when it is allowed to be used by the prosecutor during their case-in-chief to prove a criminal charge. In the case of Adalberto…

As a Massachusetts Criminal Defense Lawyer, one of the most important areas of law to understand is how to gets statements excluded as in violation of your clients rights under Miranda v. Arizona. In a serious case, the difference between winning and the client accepting a plea may be your…

The Massachusetts Supreme Court has ruled that the four warnings that constituMirandanda are not to be changed, but that the exact words in which the essential information should be conveyed has not been dictated. As long as the miranda rights are reasonably dictated to the person being charged with a…

A New York woman was not read her Miranda rights prior to a 45 minute, unrecorded interview with police after her husband’s kayak capsized in the Hudson river, resulting in his death.  A police investigator claims that Angelika Graswald told him that she took her fiance’s paddle after he capsized…

The Constitution protects us when we make statements under police interrogation without being advised of our rights, or when we decide not to make any statements at all. One of the key rights stated in a Miranda warning is the right to remain silent. This right guarantees that a defendant…

The Massachusetts Supreme Judicial Court recently found that a Boston police officer during a murder investigation did not honor the defendant invocation of his right to remain silent. The Court found that the defendant invoked his right to remain silent and that the officer continued to question the defendant in…