​​GREEN DURCAN & WEINER

72 Guy Lombardo Avenue

Freeport, NY  11520

t: (516) 561-8580

f: (516) 378-4929

gdwlawyers@gmail.com

gdwlawyersespanol@gmail.com

http://www.gdwlawyers.com

 

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Know Your Rights

February 10, 2017

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Miranda Warnings should never be ignored. They are the constitutional rights that protect one from telling things that will make it certain that an arrest will follow. They invoke the right not to be questioned without the presence of a lawyer. Law enforcement can use false allegations and trickery to lead an individual into admitting guilt so evidence can be used to secure a conviction. Knowing that, see the Green Durcan & Weiner Website for a copy of your rights and keep a GDW Lawyers business card on your person at all times to best protect yourself and your Constitutional rights. 

 

Miranda Rights:

 

1. You have the right to remain silent.

2. Anything you say can and will be used against you in a court of law.

3. You have the right to an attorney.

4. If you cannot afford an attorney, one will be appointed for you.

 

If the Police Fail to Advise an individual of his or her Miranda warning, any statement or confession made is presumed to be involuntary, and can't be used against the suspect. Any evidence discovered as a result of that statement or confession will likely also be thrown out.

 

 

 

Fifth Amendment (Information from FindLaw.com):

 

The Fifth Amendment to the U.S. Constitution focuses on the rights of the accused, due process of law, and related matters. It is very important in the context of criminal cases, including the right to not incriminate oneself and eminent domain rights. Below is the text of the amendment and links to related information.

Amendment Text

 

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

 

The Fifth Amendment at a Glance

The Fifth Amendment addresses the "rights of persons," mainly in the context of the criminal justice system. For instance, when police "read you your rights" -- the right to remain silent, to have an attorney, etc. -- it is based on the Fifth Amendment as interpretted through the U.S. Supreme Court's ruling in Miranda v. Arizona. 

The Fifth Amendment also prohibits being tried twice for the same crime, requires due process of the law (basically, that cases are conducted transparently, fairly, and according to certain agreed-upon rules), and other provisions related to the rights of the person. This also includes the right to not have land taken away by the government ("eminent domain") without due process.

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