arrest

October 12, 2018

How to Build a Strong Defense to Criminal Charges

by Law Offices of David L. Freidberg, P.C.

Facing criminal charges in Chicago is frightening. You likely are not sure where the case will go and if you will ever see your freedom again. Not every criminal case is open and shut. There might not be enough evidence to secure a conviction on the part of the prosecution. Maybe the expert witness testimony is not convincing enough for the jury. Or, maybe your testimony helps convince the judge or jury that you were not as involved in the commission of the crime as the charges suggest. No matter what, you need to build a strong defense to criminal charges.

Understand Your Rights

One of the most important steps to take in building a strong defense to criminal charges is understanding your rights. Everyone should know that they are protected by the Fifth Amendment in that they do not have to incriminate themselves when speaking to police officers or other investigators in regards to a crime. You are to be read your Miranda Rights by the arresting officer so that you know what you say can be used against you in court. With this in the back of your head, you should refrain from saying much when in custody.

December 20, 2017

What Happens if You are Not Read Your Miranda Rights?

by Law Offices of David L. Freidberg, P.C.

If you are a fan of TV crime drama, you have probably come across this phrase: “You have the right to remain silent. Anything you say can and will be used against you. You have the right to an attorney. If you cannot afford one, an attorney will be appointed for you.” These are a part of the Miranda Rights that the police are supposed to read out for you in the event of an arrest.

What Exactly are Miranda Rights?

The rights come from the Fifth Amendment right to be free from self-incrimination and the Sixth Amendment right to counsel. The name “Miranda” is derived from a case that was held in the Supreme Court known as Miranda V. Arizona. The Miranda Rights include the following:

May 27, 2016

The Miranda Warning

by Law Offices of David L. Freidberg, P.C.

“You have the right to remain silent. Anything you say may be used against you in a court of law. You have the right to an attorney.” The Miranda warning, or Miranda rights, are probably familiar to anyone who has watched police dramas or true crime shows on television, but the practical aspects of them are often misunderstood.

History

People in the United States have the rights under the Fifth Amendment against self-incrimination and under the Sixth Amendment to an attorney when they are being accused of a crime by law enforcement. The Miranda warning developed out of a Supreme Court holding in Miranda v. Arizona, 384 U.S. 436 (1966) which set out that in order for a statement made to law enforcement officers to be admissible in court the accused needs to be made explicitly aware of these two rights. The Miranda warning statement thus serves two purposes. First, it defends the accused by notifying them of their rights, and second it ensures that any statements that the accused makes to the police will be admissible in court.

October 7, 2015

How Bail is Determined in Criminal Cases

by Law Offices of David L. Freidberg, P.C.

When a person is arrested and faces criminal charges that may result in jail time, there is often a lengthy period of time between the initial arrest and the trial. During the time between your arrest and the eventual trial, bail can be posted, allowing you to remain free until trial.

What is Bail?

People post bail by paying money as a guarantee that they will not flee the area and that they will return for the trial. As long as the offender out on bail appears in court for trial, the money is returned. If the defendant does not return to the court, the bail money is forfeited.