Miranda Rights by New Hampshire Lawyer Mark Stevens 1-603-893-0074

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The Rights Defined in Miranda v. Arizona by New Hampshire Criminal Defense Lawyer Mark Stevens 1-603-893-0074

Know your rights, and exercise them! You have the right to remain silent and the right to a lawyer when the police interrogate you. This page deals with the rights clarified by the landmark United States Supreme Court 1966 decision of Miranda v. Arizona, 384 U.S. 436. Ernesto Miranda (Miranda's booking photo is on the left) was a laborer whose Arizona state convictions for kidnapping, rape and armed robbery became the subject of the landmark Miranda case in the United States Supreme Court.

The Miranda case shortly followed the case of Escobedo v. Illinois, 378 U.S. 478 (1964) in which the Supreme Court ruled that a citizen had the right to counsel during police questioning. Concerns had come to light about police interrogation tactics, colloquially known as "the third degree" at the time.

The Miranda decision followed Escobedo two years later. In Miranda's case, the United States Supreme Court held that both inculpatory and exculpatory statements made in response to interrogation by a defendant in police custody will be admissible at trial only if the prosecution can show that the defendant was informed of the right to consult with an attorney before and during questioning and of the right against self-incrimination prior to questioning by police, and that the defendant not only understood these rights, but voluntarily waived them. The decision was a close 5-4 split and two sharp dissents were written.

The right to remain silent and the right to a lawyer before and during questioning are the two primary components of the Court's Miranda decision, and people arrested must be advised of these two important rights before the police can interrogate them after their arrest.

Ernesto Miranda's mug shot is to the left.

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New Hampshire Criminal Defense Lawyer Mark Stevens' Blog Updates 1-603-893-0074

New Hampshire DWI defense lawyer Mark Stevens' blog updates. Call 1-603-893-0074 for a free consultation for your New Hampshire DWI, boating while intoxicated or other criminal charges. Located in Salem, New Hampshire (Rockingham County).

Recent posts from the ByeByeDWI blog:
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You Don't Have to Talk to the Cops!

DWI Lawyer Mark Stevens Explains Why

Salem, New Hampshire criminal defense lawyer Mark Stevens explains why you don't have to talk to the cops! If the police question you regarding involvement in any type of crime, you aren't required to answer. Be prepared to assert your miranda rights and call Attorney Stevens today at 1-603-893-0074. Free initial consultation and case evaluation. We look forward to speaking with you!
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New Hampshire Marijuana Laws by Mark Stevens 1-603-893-0074

New Hampshire marijuana laws. Possession of controlled drug charges? Possession of controlled drugs in a motor vehicle? Busted for weed? Call today! Free consultations call 1-603-893-0074.
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New Hampshire's Law Regarding Underage Intoxication

The Law-RSA 179:10: Unlawful Possession and Intoxication

Here is the letter of the law:

RSA 179:10 (2009)

179:10 Unlawful Possession and Intoxication.

[Para. I as effective prior to one day after the passage of the state operating budget for the biennium ending June 30, 2009; see also Para. I set out below.]

I. Except as provided in RSA 179:23, any person under the age of 21 years who has in his or her possession any liquor or alcoholic beverage, or who is intoxicated by consumption of an alcoholic beverage, shall be guilty of a violation and shall be fined a minimum of $300. Any second and subsequent offense shall be fined at least $600. For purposes of this section, alcohol concentration as defined in RSA 259:3-b of .02 or more shall be prima facie evidence of intoxication. No portion of this mandatory minimum fine shall be waived, continued for sentencing, or suspended by the court. In addition to the penalties provided in this section, the court may, in its discretion, impose further penalties authorized by RSA 263:56-b. [Para. I as effective one day after the passage of the state operating budget for the biennium ending June 30, 2009; see also Para. I set out above]

I. Except as provided in RSA 179:23, any person under the age of 21 years who has in his or her possession any liquor or alcoholic beverage, or who is intoxicated by consumption of an alcoholic beverage, shall be guilty of a violation and shall be fined a minimum of $250. Any second and subsequent offense shall be fined at least $500. For purposes of this section, alcohol concentration as defined in RSA 259:3-b of .02 or more shall be prima facie evidence of intoxication. No portion of this mandatory minimum fine shall be waived, continued for sentencing, or suspended by the court. In addition to the penalties provided in this section, the court may, in its discretion, impose further penalties authorized by RSA 263:56-b.

II. Except for persons convicted on the basis of intoxication, any person under the age of 21 years convicted of unlawful possession of liquor or beverage shall forfeit the same, and it shall be disposed of as the court directs. The proceeds, if any, shall be paid into the treasury of the county in which the proceedings were determined.

If you ever charged with a DWI, DUI, or OUI call:
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5 Manor Parkway
Salem, NH 03079
1-603-893-0074


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New Hampshire Aggravated DWI Laws by DWI Lawyer Mark Stevens

Aggravated DWI laws in New Hampshire are tough. Arrested for "aggravated DWI in New Hampshire"? Call the Law Offices of Mark Stevens at 1-603-893-0074 today to arrange a free consultation to discuss your case and plan your next moves.
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DWI Roadblocks Video

RCTV Q&A show with Kendra Cooper

This episode of RCTV's Q&A, deals with DWI roadblocks. New Hampshire DWI defense lawyer Mark Stevens and Massachusetts OUI defense attorney James Milligan discuss procedures and legal issues arising from DWI roadblocks. If you have been stopped and arrested for DWI in New Hampshire call the Law Offices of Mark Stevens today at 1-603-893-0074 for a free initial consultation.
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New Hampshire DWI Lawyer Mark Stevens 1-603-893-0074

New Hampshire DWI laws by New Hampshire DWI lawyer Mark Stevens. Call for a free consultation about your New Hampshire DWI case at 1-603-893-0074.
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RCTV's Q&A featuring Mark Stevens, Kendra Cooper and James Milligan

New Hampshire DWI lawyer Mark Stevens and Massachusetts OUI lawyer James Milligan join Attorney Kendra Cooper on RCTV's Q and A show.
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New Hampshire DWI Links by New Hampshire DWI Lawyer Mark Stevens 1-603-893-0074

Follow these links for more information about DWI laws in New Hampshire:
New Hampshire DWI Lawyer Mark Stevens 603-893-0074
New Hampshire DWI lawyer Mark Stevens' website with information about New Hampshire DWI laws, New Hampshire DWI cases and other topics of interests regarding New Hampshire DWI, DUI, OUI, aggravated DWI and boating while intoxicated cases. For a free DWI case consultation feel free to call the Law Offices of Mark Stevens at 603-893-0074. In New Hampshire feel free to call 1-800-DIAL-DWI or 1-800-DUI-LAWS.
New Hampshire DWI Lawyer Mark Stevens' DWI Blog 603-893-0074
New Hampshire DWI defense lawyer Mark Stevens' DWI blog. Call for free New Hampshire DWI case consultation at 603-893-0074.
New Hampshire DWI Defense Lawyer Mark Stevens' Facebook Profile 603-893-0074.
New Hampshire DWI defense lawyer Mark Stevens' Facebook page. Call 603-893-0074 for free initial consultation regarding your New Hampshire DWI case.
The Truth Machine
Why didn't the police video record your arrest? New Hampshire DWI laws. DWI, DUI, OUI, aggravated DWI laws by New Hampshire DWI lawyer Mark Stevens. Call Mark Stevens at 603-893-0074 for free New Hampshire DWI case consultation.
Mark Stevens' DWI Wikizine
New Hampshire DWI laws. DWI, DUI, OUI, aggravated DWI laws by New Hampshire DWI lawyer Mark Stevens. Call Mark Stevens at 603-893-0074 for free New Hampshire DWI case consultation.
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New Hampshire DWI Laws by Attorney Mark Stevens 1-603-893-0074

The Law Offices of Mark Stevens is located at 5 Manor Parkway in Salem, New Hampshire. Representing clients charged with DWI, aggravated DWI, minor in possession, boating while intoxicated and related charges in all New Hampshire Courts.Call today at 603-893-0074 for a free consultation.

"Zip It!" Exercise Your Rights

Call Mark Stevens at 1-603-893-0074 for a free consultation

New Hampshire DWI lawyer, Mark Stevens, explains how to respond when the cops want to question you about a crime. The police will usually ask you questions right before they arrest you for DWI or for any other criminal charges, in which you need to "Zip It!" Call 1-603-893-0074 for a free consultation.
Zip It ! by New Hampshire Defense Lawyer Mark Stevens
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14 ratings | 455 views
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What's Happened to Our Miranda Rights

NH DWI Lawyer Mark Stevens

New Hampshire DWI laws. Miranda rights. New Hampshire DWI and criminal defense lawyer Mark Stevens and Massachusetts OUI and criminal defense lawyer Jay Milligan are guests of Attorney Kendra Cooper's on this episode of Q&A. The topic is the current state of a citizen's Miranda rights, and what constitutes a waiver of Miranda rights, in light of the United States Supreme Court's landmark decision in Berghuis v. Thompkins on June 1, 2010. A discussion of the Thompkins case and how it may affect future criminal cases in New Hampshire and Massachusetts under federal constitutional analysis.
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Reader Feedback

  • Tipi Aug 29, 2011 @ 2:55 pm | delete
    So, 'zip it' and request a lawyer because the police only inform but do not protect Miranda rights.
  • ByeByeDWI Sep 24, 2009 @ 8:11 am | delete
    Thank you for your kind words about this lens. Best regards, Mark
  • selfdefenseclique Jun 11, 2009 @ 2:47 am | delete
    i was looking for this type of lens only, that would provide me with home measures of learning self defense. i really liked all your above points and feel that you are really good at work. i think i should better start trying hard.

Social Networking

Perils, Dangers & Benefits

Episode VII of RCTV's Q&A, deals with the legal consequences and concerns regarding social media and social networking. New Hampshire criminal defense lawyer Mark Stevens and Massachusetts OUI defense attorney James Milligan discuss legal issues arising from social media and social networking on Facebook, Myspace, Twitter and other social networks.

If you have been stopped and arrested for DWI or other crimes in New Hampshire call the Law Offices of Mark Stevens today at 1-603-893-0074 for a free initial consultation. We look forward to speaking with you!
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"Lawyer Up and Shut Up"

Call 1-603-893-0074 today for a free consultation

New Hampshire DWI lawyer Mark Stevens explains your Miranda rights in their most basic terms: lawyer up and shut up. When the cops want to talk to you, call New Hampshire Attorney Mark Stevens at 1-603-893-0074.
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Boating While Intoxicated

Call Mark Stevens today at 1-603-893-0074 for a free consultation

New Hampshire boating while intoxicated laws. New Hampshire DWI lawyer Mark Stevens on New Hampshire "boating while intoxicated laws". If you have been arrested for boating while intoxicated in New Hampshire, don't experiment, call New Hampshire Attorney Mark Stevens at 1-603-893-0074 today. Examples of Not Guilty results in NH boating cases on website, ByeByeDWI.com.
Boating While Intoxicated
by nhdwilawyer | video info

10 ratings | 377 views
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Mark Stevens' Breath Testing Certificate

Salem, New Hampshire DWI defense lawyer Mark Stevens' most recent breath testing certificate (May 2009).

The Law Offices of Mark Stevens is located in Salem, New Hampshire in Rockingham County. Call today at 1-603-893-0074 for a free initial consultation for your New Hampshire minor in possession, underage intoxication, boating while intoxicated, driving while intoxicated, aggravated driving while intoxicated, or other criminal charges.

Mark Stevens' Breath Testing Certificate

One of criminal defense lawyer Mark Stevens' (Salem, NH) breath testing certificates (May 2009).

Call 1-603-893-0074 for free initial consultation if you have been charged with unlawful underage intoxication, minor in possession of alcohol, transportation of alcohol or facilitating an underage house party.

Mark Stevens' Blood Testing Certification

The certificate to the right of this text is New Hampshire criminal defense lawyer Mark Stevens' 2008 Forensic Blood Testing Seminar Certificate of Completion. It was obtained from the DWI blood and urine testing seminar held at Emory University in Atlanta, Georgia in December 2008. This course involved passing a proficiency test in order to complete and receiving the certificate shown to the right.

Call the Law Offices of Mark Stevens today at 1-603-893-0074 for a free initial consultation regarding your New Hampshire criminal charges.

Fight Your New Hampshire License Suspension

No License Suspension is Automatic

Call Attorney Mark Stevens today at 1-603-893-0074 for a free consultation if the state of New Hampshire intends to suspend or revoke your right to drive in New Hampshire.
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Call New Hampshire Attorney Mark Stevens Today!

Free Consultation! Call 1-603-893-0074 Today!

New Hampshire DUI Attorney Mark Stevens. Call today for a free consultation for your New Hampshire DWI case. Defense Attorney Salem, NH.
See this video: Courtney carries the card and you should too!
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Carry NH Lawyer Mark Stevens' Card at All Times!

Call 1-603-893-0074 Free Consultation!

New Hampshire aggravated DWI laws. Call Attorney Mark Stevens 1-603-893-0074 today to arrange a free consultation to discuss your New Hampshire DWI or aggravated DWI case.
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OUI Lawyer John Webb Endorses NH DWI Lawyer Mark Stevens

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Amazon Spotlight Personal Review 

A Practical Guide to Trying DWI Cases in New Hampshire

A Practical Guide to Trying DWI Cases in New Hampshire

Amazon Price: $165.00 (as of 06/03/2012)Buy Now

Designed specifically for lawyers who defend and prosecute drunk driving cases in New Hampshire, this manual is a first for the Granite State. Editor Mark Stevens of Salem, NH has assembled a winning cadre of DWI experts to join him in developing this must-have resource, which offers practical, seasoned guidance backed by case law and statutory authorities. A Practical Guide to Trying DWI Cases in New Hampshire is the first book for criminal law practitioners in the growing MCLE | New England collection.

This DWI handbook for New Hampshire lawyers shows you how to:

- handle the special discovery needs that arise in DWI cases involving roadblocks;
- draft pretrial motions for cases involving stops that originate from anonymous (and not so anonymous) tips;
- approach the proof system and the definition of "one drink" when tackling breath test challenges;
- differentiate the absorptive from post-absorptive phases regarding blood alcohol levels;
- avoid the potential for mistrial when conducting a direct examination of the arresting officer;
- spot reversible error in the prosecution's opening statement;
- make demonstrative evidence, like cruiser videotapes and recording of the booking, work for your case;
- get a witness impeached based on evidence of prior conviction;
- avoid collateral consequences-including immigration and employment complications-of charges and convictions;
- resolve discovery issues in administrative license suspension hearings.

Featured are sample letters to police departments and the Bureau of Hearings, model motions and other pleadings, checklists, current and pertinent statutory law, and other key resources that give you the edge in your courtroom work and pretrial work. This book is unique in that it brings together some of New Hampshire's most knowledgeable DWI defense counsel with prosecutors and police department lawyers. A Practical Guide to Trying DWI Cases in New Hampshire is your most trusted source for prosecuting or defending a DWI in the Granite State.
New Hampshire counsel-both prosecutors and defense attorneys-need New Hampshire case authority, statutory law, and local wisdom on how to win at trial in Granite State courts. This practice manual has it all, in one convenient, authoritative, and comprehensive source.

New Hampshire DWI Laws Blog 

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