article from  Find Law

In 1966, the United States Supreme Court decision in Miranda v. Arizona ushered in a period of court-imposed restraints on the government’s ability to interrogate suspects it takes into custody. This famous decision focused on Fifth Amendment protections against self-incrimination, but it also spoke to the right to counsel. One of the most important restraints enumerated in the Miranda decision is the prohibition against the government’s interrogation of suspects or witnesses after the suspect has invoked the right to counsel. Here’s what the Miranda warnings generally say:

• You have the right to remain silent.

• Anything you say can be used against you in a court of law.

• You have the right to have an attorney present now and during any future questioning. The right to have counsel present at a custodial interrogation is necessary to protect the Fifth Amendment privilege against self-incrimination. A suspect detained for interrogation must be clearly informed that he has the right to consult with a lawyer and to have the lawyer with him during interrogation.

• If you cannot afford an attorney, one will be appointed to you free of charge if you wish. The Supreme Court found it necessary to mandate notice to defendants about their constitutional right to consult with an attorney. They went one step further and declared that if a defendant is poor, the government must appoint a lawyer to represent him.

The Court further instructed the police that if a suspect says he wants a lawyer, the police must cease any interrogation or questioning until an attorney is present. Further, the police must give the suspect an opportunity to confer with his attorney and to have the attorney present during any subsequent questioning.

Individuals need to remember that they can be arrested without being advised of their Miranda Rights. The Miranda rights do not protect individuals from being arrested, but they help suspects keep from unwittingly incriminating themselves during police questioning.

All the police need to arrest a person is probable cause to believe a suspect has committed a crime. Probable cause is merely an adequate reason based on the facts or events. Police are required to read or give suspects their Miranda warnings only before questioning a suspect. Failing to follow the Miranda rules may cause suspects’ statements to be inadmissible in court; the original arrest may still be perfectly legal and valid.

Police are allowed to ask certain questions without reading the Miranda rights, including the following:

• Name
• Address
• Date of birth
• Social Security number
• Other questions necessary to establishing a person’s identity

Police can also give alcohol and drug tests without Miranda warnings, but individuals being tested may refuse to answer question

Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.

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The US Office on Violence Against Women defines domestic violence as a “pattern of abusive behavior in any relationship that is used by one partner to gain or maintain power and control over another intimate partner”. The definition adds that domestic violence “can happen to anyone regardless of race, age, sexual orientation, religion, or gender”, and can take many forms, including physical abuse, sexual abuse, emotional, economic, and psychological abuse.

Patterns of behavioral character could be by the misuse of power and control by one person over another who are or have been in an intimate relationship. It can occur in mixed gender relationships and same gender relationships and has profound consequences for the lives of children, individuals, families and communities. It may be physical, sexual, emotional and/or psychological. The latter may include intimidation, harassment, damage to property, threats and financial abuse

According to the Merriam-Webster dictionary definition, domestic violence is: “the inflicting of physical injury by one family or household member on another; also: a repeated / habitual pattern of such behavior.

The term “intimate partner violence” (IPV) is often used synonymously with domestic abuse/domestic violence. Family violence is a broader definition, often used to include child abuse, elder abuse and other violent acts between family members. Wife abuse, wife beating, and battering are descriptive terms that have lost popularity recently for at least two reasons:

Definitions

• There is acknowledgment that many victims are not actually married to the abuser, but rather cohabiting or in other arrangements.
• Abuse can take other forms than physical abuse. Other forms of abuse may be constantly occurring, while physical abuse happens occasionally.
• Males as well as females are victims of domestic violence.

Physical abuse is abuse involving contact intended to cause feelings of intimidation, pain, injury, or other physical suffering or bodily harm.

Physical abuse includes hitting, slapping, punching, choking, pushing, burning and other types of contact that result in physical injury to the victim. Physical abuse can also include behaviors such as denying the victim of medical care when needed, depriving the victim of sleep or other functions necessary to live, or forcing the victim to engage in drug/alcohol use against his/her will. If a person is suffering from any physical harm then they are experiencing physical abuse. This pain can be experienced on any level. It can also include inflicting physical injury onto other targets, such as children or pets, in order to cause psychological harm to the victim.

If you are a victim of domestic violence please call….

Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.