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  1. #1
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    Default Legally Speaking

    Would you have to inform an attorney of Miranda?

  2. #2
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    Default Re: Legally Speaking

    would you have to?

    well, one would think that an attorney would be aware of his rights, or at least their clients would like to think their attorney is aware of their rights but I think the more proper response would be:

    You had better damn well Mirandize them. Especially since they would be more aware of their rights, an attorney could very well utilize the failure to Mirandize as an opportuntiy in their defense.
    I am not an attorney and any advice is not to be construed as legal advice. You might even want to ignore my advice. Actually, there are plenty of real attorneys that you might want to ignore as well.

  3. #3
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    Default Re: Legally Speaking

    Quote Quoting cyjeff
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    Would you have to inform an attorney of Miranda?
    YES!!

    I suspect we citizenry are more inclined to understand Miranda more from watching tv shows, so much more than even attorneys.

    The law states the person in custody "waiving thier rights" must fully understand what they are doing!!

    You can't waive a right you were not informed of.

    I would supect a NON criminal attorney may know less/= about Mirnanda as private citizens do.

    Many attorney's specialize in one or 2 basic laws. An International law attorney may have very little knowledge of criminal law.

    I think any final motion to admit statements made by a detainee that incriminates themselves will NOT be fruitful for the govt. IF they did not issue Miranda warnings first.

  4. #4
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    Default Re: Legally Speaking

    Quote Quoting jk
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    would you have to?

    well, one would think that an attorney would be aware of his rights, or at least their clients would like to think their attorney is aware of their rights but I think the more proper response would be:

    You had better damn well Mirandize them. Especially since they would be more aware of their rights, an attorney could very well utilize the failure to Mirandize as an opportuntiy in their defense.
    Correct. During my DWI, I was required to inform my attorney of any incident that took place during my arrest. Coincidentally, the first thing she asked was, "Did they read you your rights before questioning?"

    The police did in fact read me my rights, but I wasn't talkin'!! Naturally I got the whole, "Confess and we'll go easy on you" bullshit, but I saw right through them! Guilty or not, you should NEVER confess to a crime!

  5. #5
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    Default Re: Legally Speaking

    Quote Quoting blueeagle
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    Guilty or not, you should NEVER confess to a crime!
    I did 79 in a 60mph zone on the way home last nite!


    .....course I did it also the day before, and the day before that, and the day before that...only 72 that day though!
    You can educate dumb, but you can't fix stupid!

    If guns kill people, then I blame my pen/pencil/keyboard for misspelled words!

  6. #6
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    Default Re: Legally Speaking

    Quote Quoting souperdave
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    I did 79 in a 60mph zone on the way home last nite!


    .....course I did it also the day before, and the day before that, and the day before that...only 72 that day though!
    I'm not a cop. You don't have to worry about me.

    I'll even give you a confession! After you hear this I doubt you'll be my friend anymore! When I was ten... I used to steal candy from the local grocery store. I kept it up for 2 weeks before I was caught. They barred me for 6 months.

  7. #7
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    Default Re: Legally Speaking

    Quote Quoting blueeagle
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    I'm not a cop. You don't have to worry about me.

    I'll even give you a confession! After you hear this I doubt you'll be my friend anymore! When I was ten... I used to steal candy from the local grocery store. I kept it up for 2 weeks before I was caught. They barred me for 6 months.
    I KNEW there was a skeleton in your closet!
    You can educate dumb, but you can't fix stupid!

    If guns kill people, then I blame my pen/pencil/keyboard for misspelled words!

  8. #8
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    Default Re: Legally Speaking

    Quote Quoting souperdave
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    I KNEW there was a skeleton in your closet!
    I was a little hellion. I once called the local hospital and asked to date their sexist nurse. I was only like... 13!!

  9. #9
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    Default Re: Legally Speaking

    Quote Quoting blueeagle
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    I was a little hellion. I once called the local hospital and asked to date their sexist nurse. I was only like... 13!!
    Why? Are you a masochist?

    Now, if you wanted to date the sexiest nurse, that gets in to other fetishes but we don;t have to go there.
    I am not an attorney and any advice is not to be construed as legal advice. You might even want to ignore my advice. Actually, there are plenty of real attorneys that you might want to ignore as well.

  10. #10
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    Default Re: Legally Speaking

    Strange, no one offered the one answer I was expecting...

    That a police officer must treat all persons the same... and cannot assume ANYONE knows their rights.

    Hmmm.

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