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Articles Posted in Miranda and Statements

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Statements to Law Enforcement – A Mistake Many Defendants Live to Regret

Statements to law enforcement are a routine part of many criminal investigations.  The atmosphere in which a statement is taken is pretty grim.  A suspect is placed in an interview room which, in itself, is an inherently coercive environment.  These rooms are typically small and engender a sense of being…

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State in the Interest of AA – Expanded Miranda Protections for Juveniles in Custody

Juveniles who have been taken into custody in connection with a criminal charge present special procedural issues.  Ideally, a parent or guardian has to be present before the police can question them.  Alternatively, the police have to show that they used their best efforts to contact a parent or guardian…

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State v. Tung – Everything the Jury Hears Matters

Many attorneys – both defense attorneys and prosecutors – will knowingly try to introduce objectionable material at trial.  The reason for this is simple.  The attorney believes that the jury has to hear it.  It makes a difference in their case, and the effort to introduce it is strategic.  Even…

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State v. A.M. – Statements to Law Enforcement by Defendants With Limited English Language Skills

Generally speaking, it is a mistake for individuals who are or may be charged with crimes to give statements to law enforcement officers.  Many people believe they can talk their way out of being charged, but this is simply not true.  Our courts have long acknowledged that the atmosphere in…

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