This generally goes through phases. There is usually an initial phase of embarrassment and then there is a phase of anger, and after that there is the phase of denial. Not everyone goes through these phases in the same order, although they do go through these phases and their human emotions are very real. People go through those emotions and depending on when they get in those phases, would say a lot about how the relationship might develop between the client and the attorney.
Some people can be very agitated about their case, and rightly so, and the attorney would have to try to bring them out of that and get them into a place where they could intellectualize things, which is not actually that easy because it can take time.
How And When Do The Miranda Rights Come Into Play?
A lot of people have misconceptions about the Miranda Rights. These rights essentially come into play after somebody has been placed under arrest or they are in custody, i.e. not free to leave, and they are being interrogated or questioned by the police.
The theory is that at that point, they should be warned of their Miranda Rights, which would be the right to remain silent, being told that anything they said could and would be used against them, they would have the right to an attorney and if they could not afford an attorney that one would be appointed for them, and the person would be asked whether or not they understood those rights.
For a lot of people, the police are getting them before the Miranda warnings or the Miranda Rights attach, which means anything the person said before the Miranda warnings may not be subject to suppression.
I think the major misconception is that people think that if they were not read their Miranda Rights, their case must be dismissed, whereas it is certainly not a super hyper sensitive rule like that. It may lead the person to a pre-trial hearing that may allow a judge, after hearing the prosecutor’s witnesses, who would be police officers specifically, testify about what statements a particular individual made at a certain stage during the arrest processingand whether or not that the person was entitled to be read those rights.
If the person was not read their rights, then suppression or exclusion of those statements could be very significant in the defense of a case. The major misconception is that the person’s case would be dismissed because they were not read their Miranda Rights, which is simply a misconception that is not true at all.
How Would Someone Know They Were Under Criminal Investigation, Besides Being Arrested?
The person may get a letter saying there was information that was known about them, which may be from a wiretap which would come from a police agency. Otherwise, the person may not know until it was time for them to get a visit from a police officer wanting to question them. Investigations would generally not be publicized, so the person may not find out until it was time for them to have a conversation, which they probably should not have with a police officer or a detective, because at that point they should be on the phone with an attorney.
Will Work, Friends, And Family Find Out Someone Was Charged With A Crime?
If someone was arrested in a small town, then generally speaking, most small towns would have a police blotter which would list the cases of people who had been arrested in the last week or so. If the person was arrested in a large City, then the daily news would probably have a police blotterIt would not be likely for people to find out whether or not someone had been arrested, although the person’s arrest would be public record.
People find out about celebrities because there are news reporters that troll the blotters or the police leak out information about celebrities being arrested because the information is public. It would not be likely for the person’s mother, best friend, or wife to find out about the charges if the person did not have to post bail or something like thatthey may never find out except for the stress the person might be under and the assistance the person might need financially or otherwise. While it would be public, it would not exactly be published where people could just see it so easily.
There is a trend with some news agency’s emails that I get for something called “The Patch.” It is an AOL offshoot where they send email news to people and depending on whether the person subscribed, there might be arrest information that would be transmitted through emails that way, where a news agency found out that certain arrests had taken place in town and they would email the blog of that information to people who had subscribed.
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