constitutional rights Archives

Criminal Defense Attorney in Appleton, WI

The Role of Miranda Rights in Criminal Defense Cases

April 2, 2024 | Criminal Defense Attorney

We’ve all seen it in movies and television shows when a police officer arrests someone: the officer says, “You have the right to remain silent, you have the right to an attorney,” and so on. This warning is what is known as a person’s Miranda rights or a Miranda warning, and it serves an important legal function in our criminal justice system. Any errors in the way police advise you about your Miranda rights could result in your statements being inadmissible in court – which could have a significant impact on the outcome of your case.

Arrest and Miranda Rights in Appleton, WI

Understanding Your Miranda Rights in Wisconsin

July 18, 2023 | Constitution

The United States Supreme Court came to the decision that the Fifth Amendment to the United States Constitution forbade prosecutors from using a person’s statements made in response to interrogation in police custody as evidence at their trial unless they can prove the person was informed of their right to consult with a criminal defense attorney before and during questioning, and the person not only understood their rights but also voluntarily waived them, in the landmark case of Miranda v. Arizona, 384 U.S. 436 (1966). Miranda had an immediate impact on law enforcement throughout the United States, making the Miranda warning a matter of routine for police procedure and the practice becoming known as “Mirandizing.”

Constitutional Rights in Wisconsin Criminal Cases

July 5, 2023 | Constitution

The United States Constitution is the supreme law of the country, and the first 10 amendments to the Constitution were known as the Bill of Rights. In total, there have been 33 amendments to the Constitution proposed by the United States Congress and sent to the states for ratification, with 27 being ratified by the requisite number of states and becoming part of the Constitution, six being adopted by Congress and sent to the states but not ratified by the required number of states, four still pending, one being closed and failing on its own terms, and one being closed and failing by the terms of the resolution proposing it.

A Guide to Your Miranda Rights

March 7, 2023 | Constitution

Many people have the exact phrasing of Miranda Rights memorized after years of watching courtroom television. However, they may not exactly understand what these rights are and how they come into play in a criminal trial. Whether police officers have properly read you your rights can impact your entire criminal trial.

Should You Talk to the Police without a Lawyer Present?

April 21, 2020 | Criminal Defense Attorney

Criminology and police psychology are mandatory courses for most Outagamie County detectives. Appleton criminal investigators count on suspects believing that hiring an attorney or refusing to speak with police officers will indicate their guilt but that openly speaking with officers will ease suspicion. Truthfully, if you’ve been asked to “come down to the station” or otherwise submit to police questioning, the police already suspect you of a crime. Nothing you say or do will prove your innocence at this stage of the investigation, but speaking with police officers can certainly prove your guilt. For this reason, you should always have a lawyer present when you’re questioned by the police.