0
If your attorney is present do you have to give Miranda rights?
Wiki User
∙ 13y ago
Probably not. I would think that your attorney is there to advise you.
Wiki User
∙ 13y ago
Add your answer:
Earn +20 pts
Do you have to give the mini Miranda to a debtors attorney?
yes
What exactly is a confession and what does the Fifth Amendment have to do with it?
The Fifth Amendment says that,"No person . . . shall be compelled in any criminal case to be a witness against himself". This is the definition of a comfession. The Miranda Doctrine upholds the Fifth Amendment by preventing a forced confession unless the arrested person is read their Miranda rights , which basically say that he does not have to give any information against himself unless his attorney is present, that the court will appoint an attorney if he cannot afford one, and asks him if he wants to give up those rights.
What do the Miranda rights guarantee?
The Miranda rights grant you the right to remain silent, so that you don't say something that incriminates yourself. They give you the right to an attorney whether or not you can afford one. They guarantee that the police can use what you say in court.
When are the police required to give Miranda warnings and under what circumstances might a defendant waive them?
When the police have arrested someone and intent to question him about the crime, they must read the suspect his Miranda rights. The police are exempt from the Miranda warnings when a public safety issue is present. The suspect may wave his rights out of just his free will if he wishes.
What is the Miranda rights?
The Miranda rights are guaranteed by the 5th and 6th amendments to protect people accused of crimes. They give anybody in police custody the right to remain silent, to an attorney, and to have a court appointed attorney if they don't have one. These rights must be made clear to people who are accused.The name comes from a particular court case involving a defendant whose last name was Miranda. The US Supreme Court found that he was not properly informed of the rights listed above prior to questioning (he had them, because they're guaranteed in the US Constitution, but he didn't know he had them). The Court found the police had, basically, tricked him into unknowingly giving up those rights.Police departments today read suspects a "Miranda warning" routinely just to be sure, even though it's common enough on TV and in movies that there's a reasonable expectation that most people already know them.
What statements must The Miranda Warning include?
The wording may vary slightly from jurisdiction to jurisdiction but they will all basically cover the same points: "You are under arrest. Before I/we ask you any questions you must understand what your rights are. You have the right to remain silent. If you give up your right to remain silent and choose to answer questions, you may stop answering at any time. You have the right to have an attorney present while being questioned. If you cannot afford an attorney, one will be appointed for you. Do you understand these rights as I have explained them to you?"
Do you have to ask for a lawyer while being interrogated or is one automatically provided?
(in the US) If you are under arrest, you must be advised of your Miranda Rights. However, if you continue to answer questions after you have acknowledged that you understand your Miranda Rights, the answers you give are not protected. You must either become mute or actually express your desire to stop answering questions or request an attorney. Once you make either of those requests you may not be interrogated any further.
Can you adopt your stepdaughter even tho she still has a biological father?
Her biological father must give up his parental rights and consent to the adoption. You should consult with an attorney who specializes in adoption.Her biological father must give up his parental rights and consent to the adoption. You should consult with an attorney who specializes in adoption.Her biological father must give up his parental rights and consent to the adoption. You should consult with an attorney who specializes in adoption.Her biological father must give up his parental rights and consent to the adoption. You should consult with an attorney who specializes in adoption.
What can i do to get my rights back to my child?
Step one, and the only one we can give you here, is: "talk to an attorney".
What is the purpose of the Miranda rule?
The Supreme Court recently confirmed that Miranda warnings are constitutionally required because of a 1966 case called Miranda v. Arizona. When a person is in custody, some version of the Miranda rights, such as the following, is read to the individual before questioning: "You have the right to remain silent. If you give up the right to remain silent, anything you say can and will be used against you in a court of law. You have the right to an attorney. If you desire an attorney and cannot afford one, an attorney will be obtained for you before police questioning." The Miranda rule was developed to protect the individual's Fifth Amendment right against self-incrimination. Many people feel obligated to respond to police questioning. The Miranda warning ensures that people in custody realize they do not have to talk to the police and that they have the right to the presence of an attorney. If the Miranda warning is not given before questioning, or if police continue to question a suspect after he or she indicates in any manner a desire to consult with an attorney before speaking, statements by the suspect generally are inadmissible. However, it may be difficult for your attorney to suppress your statement or confession in court. The best rule is to remain silent. You have the right to an attorney. Insist on it.Charles Miranda was a person who was arrested by police and not given any formal warnings as to what the consequences could be if he makes a statement to the police, especially one that incriminates himself. The two basic Miranda warnings are that you have the right to remain silent and the right to an attorney being present when making a statement. It further states that any time during the questioning you can remain silent and not answer any questions, the police cannot make any threats, coercion, or promises in order to induce you to make a statement: the statement must be of your own free will. It also states that you have the right to a court appointed attorney if you cannot afford one. Finally, it states that any statement you do make to the police can be used against you in trial.
Which case requires the states as well as the federal courts to give you an attorney if you are poor?
When a police officer is arresting an individual he/she reads the individual his/her Miranda Rights, which states that:the requirement set by the U. S. Supreme Court in Miranda v. Alabama (1966) that prior to the time of arrest and any interrogation of a person suspected of a crime, he/she must be told that he/she has:* The individual has the right to remain silent, and* Anything the individual says or does can be used against them in a court of law (as evidence), and* They have a right to an attorney, if they cannot afford one, one will be appointed for them. Further, if the accused person confesses to the authorities, the prosecution must prove to the judge that the defendant was informed of them and knowingly waived those rights, before the confession can be introduced in the defendant's criminal trial. The warnings are known as "Miranda Rights" or just "rights." The Miranda rule supposedly prevents self-incrimination in violation of the Fifth Amendment to the U. S. Constitution.Definition provided by: Legal Dictionary
What does marandize mean?
"Marandize" is not a commonly used word, and it does not have a standard meaning in English. It is possible that it is a misspelling or a slang term used in a specific context or region. Without more information, it is difficult to determine its precise meaning.
