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The Pros And Cons Of Being Arrested

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Being arrested is an overwhelming experience, one which compels many people to try to cooperate with police and prosecutors. Unfortunately, this is often a mistake, and will rarely work in your favor. According to The Law Offices of Kathleen Kentish Lucero, experienced Hilo criminal defense lawyers, your actions following your arrest can have a significant impact on the outcome of your case.

If you've been arrested, these skilled defense lawyers recommend that you:

Refuse To Answer Questions: Any police officer conducting an interview has already made a determination about your guilt and will only be working towards that end. Even if you are innocent, you should never engage with the police regarding the allegations against you without an
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If the accused refuses to answer questions or waives their right to counsel, the police can only interrogate the accused with the accused's legal counsel present as a result of Minnick v. Mississippi (Hall, 2015).Several variables are to be considered when law enforcement is conducting a custodial interrogation such as the age of the suspect, the intelligence level of the suspect, how familiar are they with the criminal justice system, and the mental and physical capacity of the suspect in terms of the crime they are suspected of committing as well as their voluntariness to waive their rights (Bethel, 2015). These variables are crucial for the prosecution as it details the suspect's characteristics and sometimes their motives for the crime they committed, and sometimes give further details than the officer anticipated, but the burden of proof lies on the prosecution's shoulders to prove the suspect waived their rights (Bethel, 2015). There are some instances where the suspect will "lawyer up" and the evidence is overwhelming, and the prosecution can elaborate the suspect refused to cooperate and refuse to reduce certain charges or offer a lesser charge for the suspect. The same applies to a suspect giving details of other details that are a violation of Miranda and cannot be used against the suspect but can be used in conjunction with other cases that are being investigated

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A criminal suspect who decides to answer police questions without an attorney present still has the right to ask for an attorney at any later point. Once a suspect asks for an attorney, all questioning must stop until the attorney arrives.(Findlaw) This is why in the Michigan vs Jackson case why Mr Jackson was able to get away guilty, he asked for an attorney and wasn't given one right away and the police continued to question him, which violates his constitutional rights. So long story short with this case or any case from this case to a case that could happen tomorrow, when making an arrest or even putting someone in custody make sure you and the prisoner know both of your rights because no matter what, even if the guy is a serial killer if his rights are not read or upheld, he can get

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Some of the pros and cons of the Miranda rights are as follows: The pros of the Miranda Rights ensure individuals have knowledge of all of their rights. Not every person that is arrested understands the law or the rights they have. By Miranda Rights being in place will protect individuals during an investigation. It will also limit their ability to appeal a court’s decision.

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Have you been arrested for something that you didn't do? Are you now faced with the prospect of defending yourself against an untrue allegation? Being arrested can be a scary and difficult time for most people. Trying to find a good lawyer to defend you can make it even more confusing. Fortunately, it doesn't have to be.

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You Have the Right to Remain Silent..., sound familiar, this is the first of the Miranda Rights. Miranda Rights are the rights that any person who is taken into police custody is entitled to. As stated in the sixth amendment, “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial,...” this means that anyone taken into custody by authorities has the right to a trial to prove themselves either innocent or guilty. Some questions people might ask about the Miranda Rights are, “Why is it important for people to have their Miranda Rights read to them while they are being questioned by police?”, and “Why do people have the right to remain silent?”, or “Why should they have a right to have a lawyer present when they are being questioned?”

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A police officer must be cautious in the order in which they hesitate or question the suspect and read the suspects rights. No matter if the prosecutor is guilty or not we should be told our constitutional rights. ‘’You have the right to remain silent. ... You have the right to an attorney. If you cannot afford an attorney, one will be appointed for

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Have you ever been to jail? If so, was it for just a night, a week, or even several years? Well, if you have, you know the time you step behind them walls all of your respect and rights are thrown out the window. It is a system that is set up to either make you or brake you. I’ve seen plenty people come to prison and crack under pressure

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There could be a positive outcome were an obstacle can be turned into good. An example would be going to jail because it has a negative situations to positive. Going to jail might be something difficult to understand ,but let’s say someone was accused on a situation for being a liar by committing something illegal. Well going to prison for couple of months can make the person better by learning not to do bad things.

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