Our Law Firm receives many complaints from clients who state that their "Miranda Warnings" were not given during a DUI stop or other criminal offenses.
Everyone who reads, watches TV, has seen a detective movie, etc., could probably recite the "Miranda Warnings", but very few probably know where they come from. The warnings themselves come from a Supreme Court Case, Miranda vs Arizona, decided over 50 years ago.
Story Of The Case: Miranda was arrested at his house after being identified by the witness, interrogated by the police for 2 hours, resulting in a signed, written confession. His oral and written statements were presented to the Jury during his trial, and he was found guilty of rape and kidnapping and sentenced to 20-30 years in prison on each count.
Result: On appeal to the state supreme court, the Supreme Court for the State of Arizona ruled that his constitutional rights were not violated in obtaining the confession and upheld the conviction. However, the U. S, Supreme Court reversed the Arizona Supreme Court, stating that his rights were violated and that a defendant must be warned prior to questioning of the following:
1. That he has a right to remain silent.
2. That anything he says can be used against him in a court of law.
3. That he has the right to the presence of an attorney, and that if he cannot afford one, an attorney will be appointed o represent him.
Interesting Fact: After Miranda's conviction was overturned by the U. S. Supreme Court, the State of Arizona re-tried him without the confession being introduced into evidence. At the second trial, he was once again convicted and sentenced to 20-30 years in prison.
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