THE 5TH AMENDMENT AND CRIMINAL PROCEDURE LAW
Criminal defense Attorney Michael Brewer is versed in 5th Amendment and criminal procedure law. The major criminal procedure issues associated with the fifth amendment as incorporated through the 14th Amendment of the Constitution are as follows:
The right to remain silent is a major 5th amendment legal issue. Confessions must be voluntary (involuntary confessions violate due process of law).
In Miranda v. Arizona, 384 U. S. 436 (1966), the court held that criminal suspects have certain legal rights as defined by the 5th Amendment. We have all heardthis saying on television and movies. "You have theright to remain silent. You have the right to an attorney. etc., etc. " Miranda addressed several issues including the following:
1. The defendant must be in custody and not free to leave the custody of the police.
2. There must be an interrogation that would give rise to criminal responses
3. If both of the preceding elements are present, the police must give a Miranda warning and get a voluntary and intelligent waiver.
Be advised that the court has subsequently ruled on Miranda and has limited the scope of miranda warnings. The court's current tendancy is to be shifting towards the right. In addtion, just because you have not been read your Miranda warning does not mean that the state can not file a case against you.
In conclusion there are applicable defenses such as the following:
2. spontaneous statements not derived from interrogation
3. non custodial statements such as traffic stops or probation interviews
Double Jeopardy is another 5th amnemdment legal issue which simply means that a person can not be criminally tried for the same offense twice. Double jeoprady attaches when the jury is sworn or the 1st witness is sworn in a bench trial. The second trial can not be for the same offense (elements of the offense can not be the same).
If you are falsely charged with a crime you should contact a lawyer for legal assistance to protect your constitutional rights. At the Brewer Law firm, criminal defense attorney Mike Brewer has extensive experience with constitutional law. As a former prosecutor and public defender, Mike Brewer is versed in constitutional criminal procedural law. If you are charged or being investigated for a criminal offense you should make sure that you are afforded the consitutional protections of the bill of rights. Please feel free to contact criminal defense attorney Mike Brewer for more information and to arrange for a consultation with an experienced, skilled and well respected lawyer who can analyze the criminal charges brought against you and zealously represent your interests.
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