Tag Archives: The Miranda Rights

What are My Constitutional Rights After Being Arrested?

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Whether guilty or innocent, your constitutional rights should be your top priority after experiencing an arrest. This applies whether you are physically arrested on the spot or have just received notice of an arrest warrant. Continue reading to learn exactly what your constitutional rights are during the criminal justice process, and how to find skilled and aggressive criminal defense in Indiana.

Indianapolis Indiana Criminal Defense 317-636-7514
Indianapolis Indiana Criminal Defense 317-636-7514

Constitutional Rights and Amendments

Of the 27 amendments in the United States Constitution, there are 5 particular ones that protect the basic rights of criminals. These rights are offered to all U.S. citizens, and cannot be denied under any circumstances. They include the 4th Amendment, 5th Amendment, 6th Amendment, 8th Amendment, and 14th Amendment.

The 4th Amendment

This amendment provides protection to citizens in the case of arrests, searches, and seizures. It prevents law enforcement from implementing unlawful searches and seizures of property, as well as decrees the limitations and requirements for search warrants.

The 5th Amendment

The 5th amendment is particularly important for those suspected of a crime. It mandates that all citizens due process of law, as well as prohibits a person from being tried twice for the same crime, also known as “double jeopardy.” It also protects defendants from being forced to provide testimony against themselves: “nor shall [any person] be compelled in any criminal case to be a witness against himself.” This is often referred to as “pleading the fifth.”

The 6th Amendment

This amendment involves your rights to a “speedy and public” trial. It also provides your rights to an attorney and a trial by an impartial jury. This includes being informed of your charges and the evidence against you, and being permitted to be present when witnesses are testifying against you. It also allows you to call witnesses to your defense.

8th Amendment

The 8th Amendment gives citizens protection against excessive bail. This means that bail must be set at a reasonable and consistent rate, and match the type of crime. “(…) Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”

14th Amendment

The 14th Amendment specifically acknowledges how the law must abide by these rights when prosecuting a suspected criminal. Furthermore, it guarantees all citizens equal protection of the law, regardless of age, class, status, income, race, religion, or ethnicity. “…nor shall any State deprive any person of life, liberty, or property, without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws.”

Do you want to avoid the maximum penalties and jail time for your current or pending criminal charges? Contact the Law Office of David E. Lewis at 317-636-7514 to schedule a free consultation with a seasoned Indianapolis Indiana criminal lawyer who will build you a strong and impactful defense.

You Should Also Read:

What are My Rights at Trial?
Which U.S. Amendments Protect Criminals’ Rights?
Understanding Your Miranda Rights

Indianapolis Criminal Defense 317-636-7514
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What are Pirtle Rights?

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You’ve probably heard of the common American criminal jurisprudence called the Miranda Rights. These are the rights given to criminal suspects to protect them from incriminating themselves further. You can learn more about your Miranda rights by reviewing the fifth and sixth amendments of the United States Bill of Rights. They read as follows:

5th AMENDMENT – Protects the right to due process. Prohibits self-incrimination and double jeopardy.

6th AMENDMENT – Guarantees the right to an attorney. Protects the right to a fair and speedy trial, the right to be notified of accusations, the right to confront the accuser, and the right to obtain witnesses.

Review our blogs about “Understanding Your Miranda Rights” for a closer look behind the meaning of these amendments and their origins.

But aside from criminal suspect rights prior to an arrest, there’s another set of rights that exist to protect suspected criminals from impeaching searches and seizures. This is called the Pirtle Rights. Continue reading to learn more.

Indianapolis Criminal Defense 317-636-7514

Indianapolis Criminal Defense 317-636-7514

Your Pirtle Rights

The Miranda Rights primarily apply to interrogations, but your Pirtle rights apply to law enforcement seeking consent to search your property, whether vehicle, home, storage unit, or business. If a person is in police custody and asked to consent to a search of their property, they have the right to consult with their attorney and have them present before giving consent.

However, there are exceptions to this rule. If a police officer has reasonable belief that a person’s vehicle or property contains evidence related to the stop or arrest. For example, if a person is pulled over for speeding and the officer smells marijuana emitting from the person’s vehicle, the officer would be legally permitted to carry out a search of the vehicle since they have a reason to believe there may be drugs present.

It is important to discuss your personal rights with an experienced criminal defense attorney before choosing to invoke them during any future run-ins with law enforcement. Because there are some exceptions to the rule of your Pirtle rights, it is important to understand when it is appropriate to invoke them and when it is not. A trusted Indianapolis defense lawyer can provide you accurate and up-to-date information regarding all of your rights as a suspected criminal in Indiana.

Indianapolis Defense Attorney

David E. Lewis Attorney at Law

David E. Lewis Attorney at Law 317-636-7514

Call David E. Lewis, Attorney at Law, at 317-636-7514 if you are facing criminal charges in Indiana. Our law firm works around the clock, using every resource at our power to secure the best possible outcome for our client’s cases. Our top priority is to protect your rights and preserve your freedoms as a criminal suspect in Indiana. We offer free initial consultations to discuss your criminal charges and the best strategies for defense.

What Can a Criminal Lawyer Do That a Public Defender Can’t?

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Indianapolis Criminal Defense 317-636-7514

Indianapolis Criminal Defense 317-636-7514

Every person who is being prosecuted in our country for a felony offense has the right to an attorney. This right is clearly outlined in the Sixth Amendment to the United States Constitution. And if you listen closely to the Miranda Rights, you will hear the famous line, “If you cannot afford an attorney, one will be provided for you.” And this is exactly how a public defender works. Public defenders are lawyers employed under a Federal system or publicly-funded public defender’s office, and assigned to felony offenders that cannot afford to pay for a private attorney.

After being arrested or indicted on criminal charges, you may choose to accept the counsel of a public defender, free of charge, or hire a personal criminal defense lawyer, out-of-pocket. Continue reading to learn the difference between the two types of counsel.

Public Defender

If you choose to accept the help of a public defender, you are taking a huge risk with your case. Under the counsel of a public defender, your case is very likely to be handed off to another person or group of people who are unfamiliar with the details of your case. This includes paralegals, assistants, investigators, and more. Not only do they do most of the work for a public defender, they do not take a personal interest in their clients’ cases either. They simply cannot with the massive amounts of traffic they receive. This means every defendant that gets put on their desk is treated as just another name and number, rather than a real person with real feelings.

Private Attorney

A criminal defense lawyer will not be handing your case off, or delegating major duties to someone else. They do all the work and investigation themselves, allowing them to be adept in all areas and details of your case. They have a connection to each client and their case, and works only in the direction of their clients’ best interests. Private attorneys can give more time and attention, and take a personal interest in the outcome of their clients’ cases. Although they are not free of charge, and often costly, it is one of the most worthwhile investments you can make for your future and the future of your family. In order to protect your rights and preserve your freedoms, always choose a criminal defense lawyer with experience.

David E. Lewis, Attorney at Law

David E. Lewis Criminal Defense Attorney

David E. Lewis Attorney at Law 317-636-7514

Call David E. Lewis, Attorney at Law at 317-636-7514 of you are facing felony criminal charges in Indianapolis, Indiana or any of its surrounding towns. He is a seasoned criminal defense lawyer with extensive trial and litigation experience. He offers aggressive representation, working around the clock to build you an impactful and strong defense. Call 317-636-7514 to schedule a free initial consultation, today.

Understanding Your Miranda Rights

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Indiana Criminal Defense Attorney 317-636-7514

Indiana Criminal Defense Attorney 317-636-7514

The American criminal jurisprudence known as the “Miranda Rights”, have been a popular script addition to thousands of movies and television shows ever since the United States Supreme Court ruled on the rights of criminal suspects. For this reason, you may be able to recite a good portion of them already. But it is wise to fully understand your rights as a suspected criminal in the case that it ever happens to you or someone you love. A good place to start is to review the meaning behind your Miranda Rights.

Miranda vs. The State of Arizona

It was a case entitled, “Miranda versus the state of Arizona” that brought about the creation of the modern-day Miranda Rights as we known them. In 1966, the United States Supreme Court ruled that detained criminal suspects must be informed of certain constitutional rights BEFORE police questioning or interrogation. These rights have mostly to do with the 5th and 6th Amendments. Let’s take a closer look at those, as well as, the exact Miranda Rights as they are read by law enforcement today.

5th AMENDMENT – Protects the right to due process. Prohibits self-incrimination and double jeopardy.

6th AMENDMENT – Guarantees the right to an attorney. Protects the right to a fair and speedy trial, the right to be notified of accusations, the right to confront the accuser, and the right to obtain witnesses.

The Miranda Rights

1. You Have the Right to Remain Silent. This means you can legally refuse to speak or answer questions about a crime and there is nothing police can do about it.

2. Anything You Say or Do Can Be Used Against You in a Court of Law. This is a very critical warning that tells defendants any incriminating engagement with law enforcement will be used against them in court.

3. You Have the Right to Consult an Attorney Before Speaking to Police, and Have an Attorney Present During Questioning Now or in the Future. This right should be invoked clearly by simply stating you don’t want to answer questions without your lawyer present. After this has been made clear to police, any further interrogation cannot take place.

4. If You Cannot Afford an Attorney, One Will Be Appointed for You Before Any Questioning if You Wish. If you cannot afford a lawyer, a public attorney will be appointed to your case. Always consult your P.A. before answering police questions.

5. If You Decide to Answer Any Questions Now Without a Lawyer Present, You Still Have the Right to Stop Answering at Any Time Until You Talk to a Lawyer. If at any time a person gets uncomfortable during police questioning, they can legally refuse to proceed without consulting their lawyer first. A person can tell law enforcement that they want the questioning to stop until they have a lawyer present.

6. Knowing and Understanding Your Rights as They’ve Been Explained to You, Are You Willing to Answer Any Questions Without an Attorney Present? This question, or one like it, is what police use to get suspects to waive their rights. They generally also ask to sign a written waiver.

Although it is important to know the Miranda Rights, if you are ever confronted by police for questioning, there are two basic rules to remember in order to protect yourself legally: remain silent and ask for a lawyer.

Indianapolis Criminal Defense Lawyer

David E. Lewis Attorney at Law

David E. Lewis Attorney at Law 317-636-7514

Call David E. Lewis Attorney at Law at 317-636-7514 for aggressive criminal defense in Indianapolis, Indiana. Our criminal defense law firm offers free initial consultations and never passes judgement on anyone. If you have been charged with a crime, let Attorney David E. Lewis build a strong and impactful defense for your case to reduce or dismiss criminal charges and convictions. Call 317-636-7514 to schedule an appointment with a licensed Indianapolis criminal defense lawyer you can trust.