SIERRA LAW CENTER
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CONSTITUTIONAL RIGHT TO REMAIN SILENT
In 1966 the United State Supreme Court decided four consolidated cases each implicating a

criminal defendant's

rights when questioned by the police while in police custody.

The landmark case was Miranda v. Arizona (1966) 348 U. S. 436. In a 5-4 decision the United States Supreme Court held that the prosecution may not use statements, whether exculpatory or inculpatory, stemming from questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of action in any significant way, unless it demonstrates the use of procedural safeguards effective to secure the Fifth Amendment's privilege against self-incrimination.

Earl Warren, the Chief Justice of the Supreme Court, delivered the opinion of the Court. In delivering his opinion Chief Justice Warren stated, there can be no doubt that the Fifth Amendment privilege is available outside of criminal court proceedings and serves to protect persons in all settings in which their freedom of action is curtailed in any significant way from being compelled to incriminate themselves. We have concluded that without proper safeguards the process of in-custody interrogation of persons suspected or accused of crime contains inherently compelling pressures which work to undermine the individual's will to resist and to compel him to speak where he would not otherwise do so freely. In order to combat these pressures and to permit a full opportunity to exercise the privilege against self-incrimination, the accused must be adequately and effectively apprised of his rights and the exercise of those rights must be fully honored.

The result of the Miranda decision was far reaching. The decision led to the now common practice of advising a criminal defendant of his Constitutional Right to remain silent and a defendant's Constitutional Right to have an attorney present during questioning. The procedure is now commonly referred to as advising a defendent of his "Miranda Rights".

If you are arrested or interrogated by the police - Exercise Your Constitutional Rights. You have the right to:
 
1. Remain Silent;

2. You Have The Right To Have An Attorney Present During Questioning;

3. If You Can Not Afford To Hire An Attorney, You Have The Right To Have An Attorney Appointed.
 
Remember, Exercise Your Constitutional Right to Remain Silent. In the event you are contacted by the police, do not speak with them, do not make any statements to anyone. Invoke your right to remain silent and to have an attorney present during any questioning or interrogation.

There is nothing you can say or do to stop the investigation and anything you say will be used against you in the prosecution of the case. Speaking to the police will only make your situation worse.

If you have been arrested or accused of a crime, do not navigate the criminal process on your own. Contact a qualified criminal defense attorney to discuss your rights and the circumstances of your case. The Sierra Law Center, APC is an aggressive law firm that will throughly investigate your case and evaluate if the police violated your Constitutional Rights.
 
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News and Updates
06/22/2011
Not Guilty Verdict
Not Guilty Verdict in Domestic Violence Case. Client was charged with two counts of violating California Penal Code § 273.5(a). Attached to count one of the information was an allegation that the client inflicted great bodily injury in violation of California Penal Code § 12022.7(e). The great bodily injury allegation turned a garden variety felony into a violent felony under California Three Strikes Law. The great bodily injury allegation, if found true by the jury, would have had immediate and long term effects on the client.

Because count one and two were charged as felonies, combined with the great bodily injury allegation, the client was facing up to ten years in state prison.

It took the jury less than one hour to return a verdict of not guilty.
 
 
 
Office Address: 11260 Donner Pass Road, Unit C1-247 Truckee, California 96161 | 2850 Main Street, Unit 12-192 Susanville, California 96130
 
The information on this Sierra Law Center, APC & Lawyers / Law Firm website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. This information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.
 

The Sierra Law Center is a full service litigation law firm that limits its practice to Northern California, Criminal Defense, Personal Injury, Domestic Violence Defense, Northern California Expungement, Restore Gun Rights California, Penal Code Section 273.5(a), Penal Code Section 273.5a, Penal Code Section 243(e)(1), Felony, Preliminary Hearing, Misdemeanor, Certificate of Rehabilitation, Traffic Tickets, Traffic Citations, Proposition 47 Petitions, in Nevada County, Grass Valley, Nevada City, Truckee, Lassen County, Susanville, City of Susanville, Placer County, Roseville, Rocklin, Auburn, El Dorado County, Tahoe City, Yuba County, Marysville, Sutter County, Yuba City, Sacramento, Downieville, and Sierra County.