Understanding your rights as a defendant is paramount to your criminal law case. When you are taken into custody, it becomes a necessity to know what you are entitled to and what law enforcement’s obligations are towards you. One such obligation pertains to the reading of your Miranda rights. But what happens if you aren’t read these rights? I, Scott A. Hamblin, provide dedicated legal representation to those accused of criminal conduct. As an experienced criminal defense lawyer, I offer insight into the significance of Miranda rights and the implications for both suspects and law enforcement when these rights are neglected. Contact my firm today if you’d like to discuss your specific circumstances.
Firstly, let us examine what Miranda rights actually are. Stemming from the landmark Supreme Court case Miranda v. Arizona (1966), these rights are meant to protect individuals in police custody from self-incrimination during interrogations. The typical Miranda warning reads as follows:
“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You also have the right to an attorney. If you cannot afford a lawyer, one will be provided for you.”
These rights serve as a protective shield, ensuring that you do not inadvertently incriminate yourself without understanding the consequences.
Now, what happens if you aren’t read these rights? Contrary to popular belief, the failure to read Miranda rights does not automatically result in the dismissal of a case. However, it does have significant repercussions for the prosecution. Specifically, any statement made by a defendant who was not properly Mirandized becomes inadmissible in court. This means that if law enforcement fails to read a suspect their Miranda rights before interrogation, any self-incriminating statements made by the suspect cannot be used against them at trial.
If you find yourself in a situation where you were not read your Miranda rights, this could potentially be used to your advantage. An experienced attorney can challenge the admissibility of any statements you made, thereby weakening the prosecution’s case. However, it is important to note that law enforcement does not need to read Miranda rights on every arrest. They are only obligated to do so if they intend to interrogate you while you are in custody.
Understanding your Miranda rights and the implications of not being read these rights can significantly impact the outcome of a criminal case. While not being read your rights does not automatically result in case dismissal, it can weaken the prosecution’s case, potentially tipping the scales in your favor.
However, navigating the intricacies of criminal law can be complex. Therefore, it is highly recommended to seek the assistance of a seasoned attorney who can guide you through the process, advise you on your rights, and advocate for you both in and out of court. Remember, when it comes to criminal law, knowledge is power – but having an experienced attorney by your side is an invaluable asset. Contact my law office today to set up a consultation.
A Jefferson City man faced DUI charges following a field sobriety test. Charges against the defendant were dropped after Scott successfully maintained the client’s claims that the test results were inaccurate. While the client initially appeared to be in a difficult situation, Scott was able to push investigators to determine the sobriety test results as invalid, so the charges were dismissed.
A mother was seeking sole custody of her children following a divorce. The father refused to cooperate, leaving the client in a difficult situation as she felt as though her children didn’t have a voice. Scott recognized her need for an advocate and carefully listened to the children’s wishes, which conclusively helped the client achieve sole custody of her children and protected their best interests.
A client from Fulton was accused of drug possession as a result of a home search. While drug charges may potentially be filed as a Class C felony involving severe consequences, Scott was able to help the client receive a reduced sentence. Ultimately, the client faced significantly smaller penalties compared to the initial charges.
Scott assisted a defendant in a particularly challenging divorce case in which the other spouse was not cooperating. Scott was able to help the client avoid court through an aggressive legal approach to resolve all outstanding disagreements while maintaining the client’s long-term needs.
One client sought legal assistance after an altercation with another individual in Jefferson City. The client was arrested on assault charges despite allegedly not starting the fight. Since an arrest can lead to life-altering penalties such as being terminated from employment and serving jail time, Scott was able to build a solid legal defense in the client’s favor and argued in favor of the client’s innocence.
A grandparent sought visitation rights to his grandchild after the parent tried to block him. Scott takes grandparents’ rights very seriously, and so he devised a strategy to help the grandparent set a visitation schedule. Scott developed a strategy to show that the child’s best interests were fulfilled through the grandparent’s ability to visit the child, helping push the case towards a resolution in the client’s favor.
Scott assisted a client who was injured in a car accident due to another driver’s negligence. The defendant claimed that the opposing party using their phone at the time of the crash, and Scott emphasized this claim to show that the other driver was at fault for the client’s injuries. The case concluded with the client receiving the necessary compensation for medical bills following a long hospital stay due to injuries.
I would highly recommend attorney Scott Hamblin. Mr. Hamblin was very easy to work with, explaining all my options as the case progressed. He took into consideration my priorities, what was most important to me, and skillfully negotiated them into an ideal settlement agreement. And his legal assistant, Madasyn, is such a delight to interact with.
Scott was honest, he was straightforward, and the best of all he was good at what he does. He's very knowledgeable and practices his craft well. I had a 10/10 experience with Scott and will trust no other attorney to handle my case.
Scott Hamblin is a great attorney. Between Scott and his legal assistant Madasyn, I felt like all my questions were answered promptly and thoroughly. Scott is very knowledgeable and was very well prepared for trial. I would recommend Scott to anyone needing an attorney.
Can't say enough good things about Mr. Hamblin and his team. They're responsive, treat your case like it's their own, and are personable as can be. Court can be daunting, but they are there to help you through every step of the tough process. Madasyn is part of this team and deserves to be recognized too, as she was friendly and encouraging from beginning to end. They handle it all with ease and you won't regret coming to them for help and advice along your journey.
10/10 recommend Mr. Scott Hamblin. Mr. Hamblin and his legal assistant Madasyn have been wonderful throughout my whole case and very prompt, and helpful the whole time. He was very thorough and left nothing missed during my whole case. Questions were answered quickly throughout the process whether through email, phone or in person. As well as the whole process was explained step by step. I highly recommend Mr Hamblin for any family law matters! I couldn’t of asked for better representation for my case.
I came across Scott Hamblin on the internet and read his bio and was very impressed. I have not been disappointed with his knowledge and understanding. If you are in need of a great lawyer, this is the call to make. You will not regret hiring him. Thank you, Scott.
Scott recently provided outstanding representation for my divorce. He was well-prepared throughout the course of the litigation and trial, resulting in a very favorable outcome for me. Scott is a very bright attorney who takes pride in his work, and it shows. He is truly in a league of his own.
Scott is a phenomenal attorney, no sugar-coating straightforward and to the point. As an older man I found myself in a custody case, and had little hope of any outcomes in my favor. This guy knows his law and his business, and is about it. His personality is soothing and his office is always on point. To say I’m ecstatic with his ability is an understatement.
Scott is the best attorney, hands down! My husband had a fairly difficult case, he had little hope that he’d be able to receive anything he was asking for and Scott helped him achieve everything, very quickly. He’s very professional, compassionate and understanding and works hard to help you achieve the best possible outcome. We are very thankful.
Scott came highly recommended by an attorney friend of mine after I received an unfavorable outcome working with a different lawyer in the area. Scott was smart, pleasant to work with, and achieved the best possible outcome for me. I only wish I would have used him sooner.
For accessible and experienced representation, contact attorney Scott Hamblin today.
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