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

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The Rights Defined in Miranda v. Arizona by New Hampshire DWI Lawyer Mark Stevens 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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DWI Defense Lawyer in New Hampshire Mark Stevens

Law Office of Mark Stevens http://www.attorneymarkstevens.com/ If you have just been arrested for DWI you have probably just spent the worst night of your life. You have been subjected to a battery of roadside gymnastics, handcuffed, humiliated and embarrassed. You have wondered whether your name will be in the paper. You have wondered whether you will be fired when your boss finds out about this. You may have had to call a loved one to pick you up at the police station in the middle of the night. The next critical decision you have to make is whether to get a DWI defense lawyer. The United States Supreme Court has noted repeatedly that misdemeanants who have counsel tend to fare better than those who do not. In Argersinger v. Hamlin, 407 U.S. 25, 35-36 (1972) the Court found that misdemeanants with attorneys are five times more likely to have charges dismissed as misdemeanants without counsel. Law Office of Mark Stevens 5 Manor Parkway Salem, NH 03079

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Call today at 603-893-0074. The Law Offices of Mark Stevens are 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.

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