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Phone: 205-994-6142 Toll Free: 877-315-0043

RECENT VERDICTS :

Statutory Rape (Dismissed) :: Murder (Reversed on Appeal, Mistrial, Client Freed on Time Served) :: Murder (Client Exonerated) :: Fraud by Public Official (Client Exonerated) :: Rape (Charge Reduced to Misdemeanor; Probation) :: Assault with Intent to Murder (Dismissed at Trial) :: Medicare Fraud and Abuse (Dismissed) :: Child Abuse Charge v. Police Official (Dismissed Before Trial) :: DUI Murder Charge (Reduced to Misdemeanor; Probation) :: Federal Indictment of Sheriff (Dismissed with Prejudice at Trial) :: Truck/Car Wreck Causing Quadriplegia (Multi-Million Dollar Settlement) :: Medicare Fraud and Abuse Investigation (Dismissed) :: Illegal Gambling Charges and Criminal Forfeiture (Dismissed and Property Returned) :: Theft of Property, 1st Degree (Dismissed) :: Assault (Dismissed) :: Capital Murder (Reduced to Manslaughter) :: Domestic Violence (Dismissed) :: Unlawful Possession of Marijuana; Public Intoxication (Dismissed) :: Unlawful Possession of a Controlled Substance (Dismissed) :: Domestic Violence (Dismissed) :: Domestic Violence; Harassment; Criminal Coercion (Dismissed) :: Driving Under the Influence (Dismissed) :: Criminal Trespassing; Disorderly Conduct (Dismissed) :: Trafficking Marijuana; Traffic Cocaine (Cases Dismissed) :: Failure to Register (Dismissed) :: Federal Unlawful Distribution of a Controlled Substance; 3 Counts (Acquittal-Dismissed with Prejudice) :: Federal Unlawful Possession of Controlled Substance-Crack Cocaine (Dismissed) :: Rape, 1st Degree (Dismissed) :: Public Intoxication (Dismissed) :: Theft of Property (Dismissed) :: Time Restrictions Employment; Minor Employed/Alcoholic Beverages Sold (Dismissed) :: Minor in Possession (Dismissed) :: Assault, 2nd Degree (Dismissed) :: Theft of Property (Dismissed) :: Driving Under the Influence (Dismissed) :: Sexual Abuse, 1st Degree (Amended to Misdemeanor Harassment) :: Attempted Rape 1st Degree, Sodomy 1st Degree, Attempted Burglary (Attempted Rape amended to Assault 3rd, Remaining cases Dismissed) :: Assault (Dismissed) :: Driving Under the Influence, 2nd Offense (Dismissed) :: Domestic Violence (Dismissed) :: Gambling Possession; Gambling Promoting; Criminal Forfeiture; Unlawful Possession of Firearm; Unlawful Possession of Marijuana and Unlawful Possession of Paraphernalia (All Felony Charges Dismissed; Unsupervised Probation on Misdemeanor Charges; Forfeiture Property Returned) :: Domestic Violence/Harassment (Dismissed) :: Unlawful Possession of a Controlled Substance (Dismissed) :: Theft of Property, 1st (Amended to the Misdemeanor charge of Theft of Property, 3rd) :: Interfering with Custody (Amended to the Misdemeanor charge of Obstruction of Government Operations) :: Unlawful Distribution of a Controlled Substance (Unsupervised Probation Granted; Dismissal of Unlawful Distribution of Marijuana and Possession of Paraphernalia) :: Theft of Property (Dismissed) :: Sexual Abuse of a Minor (Dismissed) :: Harassing Communications (Dismissed) :: Sexual Abuse, 1st Degree (Amended to Misdemeanor Harassment) :: Unlawful Possession of Marijuana (Dismissed) :: Capital Murder (Acquittal) :: Making Terrorist Threat; Domestic Violence 3rd (Dismissed on Plea to Public Intoxication) :: Child Abuse 1st Degree (No Billed) :: Harassment (Dismissed)

50 Years Of The Miranda Warning

"You have the right to remain silent. Anything you say can and will be used against you in a court of law." So begins the Miranda Warning, a notice of rights that police read to suspects being brought into custody and interrogated.

The Miranda Warning turns 50 this year. According to a recent article from Fox 10, the Miranda Warning was created as a result of the case against Ernesto Miranda on kidnapping and rape charges. In 1966, the U.S. Supreme Court overturned Miranda's conviction on the basis that police did not inform him of his rights.

Despite the groundbreaking decision, Miranda was ultimately re-convicted. This leads to the question: How much protection do Miranda Rights provide?

What You Need To Know About Your Miranda Rights

Miranda rights essentially cover two key constitutional rights: the Fifth Amendment right against compelled self-incrimination and the Sixth Amendment right to counsel. In other words, the right to remain silent and the right to an attorney. However, Miranda Rights are not the bulletproof shield that some people think they are.

First of all, it is important to understand that a police officer's failure to read you the Miranda Warning does not automatically negate the case against you. While a failure to read you the Miranda Warning may prevent them from using statements you make as evidence against you, they may still act upon the information you provide and use it as the stepping stones to build a case designed to convict you.

Furthermore, the Miranda Warning only needs to be read if you are being taken into police custody or you are going to be interrogated in custody. Police can talk to you and ask you questions prior to taking these actions. They can use any info you provide.

Follow This Rule: Do Not Talk To The Police

Regardless of whether or not you are read your Miranda Rights, the best way to ensure that your words are not taken out of context or twisted against you in any way is to simply not talk to the police. Even if they seem friendly. Even if they say you are not a suspect. Even if they say they are on your side and want to help you. Anything you say can hurt you if you are ultimately charged with a crime, so do not say anything.

Instead, you should contact a lawyer immediately if the police want to talk to you about any criminal offense. At The Bloomston Firm, we offer free consultations and can take immediate action to make certain your rights are truly protected.

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The Bloomston Firm
2151 Highland Avenue South Suite 310
Birmingham, AL 35205

Toll Free: 877-315-0043
Phone: 205-994-6142
Fax: 205-212-9701
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