I am often asked during the course of my Long Island Criminal Law
practice what should clients do when they are being questioned by the
police. My advice to those clients has always been quite simply “shut
up”. When given your Miranda warnings and you are told that you have the
right to remain silent, BELIEVE IT AND DO IT. Silence was golden.
However, in light of the recent Supreme Court case known as Berghuis v.
Thompkins, that advice has to change somewhat.
The Supreme Court on
June 1, 2010, ruled that a defendant who had been given his Miranda
warnings, but had not specifically asked for an attorney, and had not
specifically declined to answer questions, HAS WAIVED HIS RIGHT TO
REMAIN SILENT. The defendant was continually questioned for three hours
AFTER HIS MIRANDA WARNINGS WERE GIVEN and THEN made an admission that
ultimately contributed to his conviction for homicide.
The Supreme
Court ruled that his failure to affirmatively exercise his Miranda
warnings and request a lawyer, DID NOT OFFER HIM ANY PROTECTION FROM THE
USE OF STATEMENTS MADE BY HIM. So now, in light of this decision, I
have to change my advice and my advice is now this: After you hear the
Miranda warnings, TELL THEM YOU WANT A LAWYER. TELL THEM YOU WILL NOT
ANSWER ANY QUESTIONS. THEN SHUT UP! So really what you have to do is
make your position known and then be quiet. Once you have made your
position on questioning and the presence of a lawyer is made known, the
advice I give to a great many of my clients, that EVEN A FISH WOULDN’T
GET IN TROUBLE IF IT KEPT ITS MOUTH SHUT, continues to apply.
Tag Archives: Supreme Court
Protect Your Laws in the Right Manner with the Help of Attorney Lubbock
Whenever you are in need of legal help and want to get rid of any
jurisdiction services, then there are various reliable attorneys, who
are ready to help you. However, always remember on the fact that the law
is not a simple step and there are various divisions, which are to be
followed, under the same area. On the other hand, lawyers are mostly
categorized under two segments, one is a criminal lawyer and another one
is under the civil sector. Their services along with results also
differ. The result of each law will be different from each other, which
depends on the proof presented in front of the judge, who is the sole
decider of any case. However, the rules are also going to differ from
one state to another.
Special cases might get some exclusive answers, even
though the main result is for or against the client. There is no such
stipulated time of a particular case, as one can last for few hours or
else it can also last for years. Court or the jurisdiction level is
mostly divided into three major categories. The top level is known as
Supreme Court, which is judged by chief justice and his helping hands.
The next one is the High Court and the last one can be stated as
Subordinate Court. You need to have proper knowledge about the case
before choosing any lawyer for your help.
It is an inevitable
truth that Attorney Lubbock can only be your one stop solution if you
want any authorized person to fight for your case. However, for holding a
degree in law you need to complete a stipulated law related educational
line. These courses can range for many years, but for maximum cases,
these are for five long years. If you want to gain specialization in any
field, then you have to look for the practical tests along with other
written examinations. Always remember that, without the help of the
license, you are not allowed to practice law in any state or under any
jurisdiction. This can be stated as the basic passport for your
practicing zone.
If you want to get hold of the best Attorney Lubbock, then the first
and foremost option is to check his past works and success records.
After you are completely satisfied with their records, you are ready to
invest your money on them. You can even ask your family members and
friends, in case they have any tip or advice for you.
Where Are Criminal Cases Heard in Australia
Most
Victorian criminal law cases are heard in the Magistrates’ Court. This
court has the jurisdiction to hear all summary offences (ie those
punishable by up to two years’ imprisonment, such as drink driving and
driving whilst suspended) and all indictable offences triable summarily.
Your criminal lawyers Melbourne will be able to give you further advice
as to whether your charges are likely to be heard in this court. If you
have been charged with a more serious offence such as rape or culpable
driving, the charges may initially be heard in the Magistrates’ Court
for committal proceedings before proceeding to trial in the County Court
or Supreme Court of Victoria.
The
Victorian Magistrates’ Court includes specialist divisions. In addition
to the basic mention court, which hears guilty pleas, there is also the
contest mention court (which can require criminal lawyers and police to
negotiate the resolution of charges) and courts for contested hearings.
There is also a Koori court, a drug court, and the Criminal Diversion
Program which allows offenders who have been charged with a first
offence of modest seriousness to participate in the diversion program
which leads to the offender being discharged with no finding of guilt.
Participation in the Criminal Diversion Program ensures that the record
of offending is not available to the public, including potential
employers.
If you have been charged with criminal offences, but
your case can be heard in the Magistrates’ Court, you should consider
carefully proceeding in this court rather than taking the matter to
trial. The advantages to proceeding summarily in the Magistrates’ Court
are that there is a saving in time and money associated with the
hearing. There is also a limit on the maximum penalty that can be
imposed by a Magistrate hearing the matter. However, it would involve
proceeding before a Magistrate and foregoing the right to trial by jury.
Following
your Magistrates’ Court hearing, there are three options for further
review of your case if you are not satisfied with the result. In most
criminal cases, including traffic charges, there is the right of appeal
to the County Court against the finding of guilt, and also against the
penalty imposed. There is also a right of review in the Supreme Court in
certain circumstances. Strict time limits apply, so that it is
important to speak to your criminal lawyer early to discuss your
options.
Before your criminal law case proceeds in court, it is
important to obtain advice from a criminal defense lawyer. The lawyer
can give you advice as to whether you should be pleading guilty or not
guilty, and in the event of a guilty finding, how you can ensure that an
appropriate penalty is imposed. Criminal defence lawyers can also give
you advice as to the procedure which applies in your circumstances, so
that you are kept completely up to date as to the stage of your
proceedings as well as the risks and advantages of each step.
NJ Divorce Separation Attorney Provides Legal Help for Child, Spousal Support, Alimony & Custody
Child support – When does child support end?
Many people going through a divorce or legal separation tend to be confused about when child support actually ends. The answer is that NJ child support is generally paid until the “emancipation” of the child. Since each state handles this issue differently many people enter into an agreement without knowing all of the facts. In the State of New Jersey, a child is not necessarily emancipated when the child reaches the age of 18 or when a child graduates from high school, as is the case in many other states. There is an expectation by the NJ courts that child support will continue to be paid until a child goes “beyond the sphere of influence”. This means that if a child remains dependent, child support may continue to be paid.
A few other points to keep in mind about child support is that even if you want to waive child support payments in your settlement agreement, child support is a right that belongs to the child and a parent may not waive this right. Also, keep in mind that child support does not necessarily terminate when a child enters their higher education years.
Alimony – How many years do you need to be married to be entitled to alimony?
The question of whether or not alimony (i.e. spousal support) in NJ will be paid is one of the most common questions people have when considering a divorce or legal separation. There are no definitive rules or mandates as to how long you need to be married in order for there to be an alimony award. Rather, the courts in New Jersey will examine a long list of factors which includes:
Length of the marriage; Income for each party; Age of the parties; and Health of the parties.
Generally, as the length of the marriage increases so too does the likelihood that there will be an alimony component to your settlement agreement. However, there are always exceptions. I have been involved in cases where spousal support was awarded for a 2 year marriage but not for a 30 year marriage. Every case is different and your individual circumstances should be reviewed with a Certified Matrimonial Attorney.
Child Custody – When is a childs preference taken into consideration?
It is generally the preference of the courts in the State of New Jersey to leave the children out of the litigation and the child custody decision. However, there are a number of circumstances when a judge might determine that it is both appropriate and helpful to speak with the children. A child will generally need to be 14 years or older and have a maturity level necessary to grasp the situation in order for a judge to even consider talking with the child.
Get Legal Help
The divorce and legal separation process can be very complicated so it is important to retain a New Jersey (NJ) Certified Matrimonial Law Attorney to help you through the process. Since only 2% of the attorneys in the state are Certified by the Supreme Court of New Jersey, using this criteria in selecting an attorney will point you in the right direction. This should not be your only criteria, but it will help you narrow down the list of potential attorneys to handle your matter. Also, take the time to learn about the attorney through their web-site and then schedule a free initial consultation, which many law firms offer. At this meeting, you should assess your comfort level with the attorney since you will be working closely with that professional throughout the process.
For additional information about New Jersey divorce and family law related issues or to download a free copy of my divorce guide, visit my web-site at www.weinbergerlawgrop.com.
Attorney Bari Weinberger is the Associate Author of the book New Jersey Family Law Practice, utilized by virtually every NJ family law attorney. She also served as child custody new jersey lawyer for domestic violence nj, nj restraining order