Yes, unfortunately that is the case. This is described as the “booking question exception” to the Miranda warnings. Miranda warnings are a list of rights that you have by way of the US Constitution. The most prominent of these rights are the right to remain silent, and the right to…
No, they do not have to read you your basic Miranda rights when a police officer pulls you over on a routine traffic stop. Breaking traffic laws (like speeding, running a red light, or a lane change violation) are considered to be infractions, not crimes (like a misdemeanor or felony).…
In 1966, the United States Supreme Court decided Miranda v. Arizona. Ernesto Miranda was arrested and questioned for two hours until he finally confessed to the crime for which he had been taken into custody. The Court overturned his conviction because it believed that the confession he made should not…
Generally speaking, if the statement was made voluntarily, then it can be used against you in a court of law (even if the police have not yet read you the Miranda warnings). Miranda warnings are a short list of rights that a police officer must make you aware of (usually…
This is a terribly important question, if for no other reason than because once an individual is taken into custody by a police officer, he or she is supposed to make you aware of your Miranda rights. Miranda rights are a short list of constitutional rights that each citizen has.…
Yes, it is entirely possible to waive (or give up) your Miranda rights. For instance, if you continue to answer a police officer’s questions after your Miranda warnings have been given, you have in effect waived these rights (and as a result, any statements made thereafter can be used against…
In the state of Missouri, there are three different types of criminal charges: Felonies, misdemeanors, and infractions. The most serious type of crime that you can be charged with is a felony. These crimes can range anywhere from murder to burglary to certain types of fraud. The least serious crime…
The laws of every state in the union make it clear that the legal age for consuming alcohol legally is twenty-one (21). If you are caught drinking below this age, you are subject to either a citation (like a ticket), or possibly arrest. But just because an individual is cited…
A bench warrant is an order by a judge for your arrest if you don’t show up to your court appearance. In essence, it is the judge (sitting on his/her bench) deciding that you have shown such contempt for the court that you should be arrested for it. But even…
Yes, indeed you can. It may seem counter-intuitive, but you can be charged with trespass even if you made a mistake by going on to someone else’s property. Even though that may seem strange, there are definitely ways to handle the charge if you hire the right attorney. Let me…