U.S. Supreme Court Lightens Police Burden Under Miranda

Steven J. Richardson | June 2, 2010

Yesterday’s decision by the US Supreme Court in Berghuis v. Thompkins has been in the news quite a bit, as it will have quite an impact on 5th amendment cases in the future and will certainly, as dissenting Justice Sotomayor observed, “turn Miranda upside down.”  I have talked about Miranda in other posts, but this [...]

An Invocation of Miranda Rights Can Expire

Steven J. Richardson | March 8, 2010

The Miranda warning has become a familiar concept by anyone who has watched television over the past 40 years.  “You have the right to remain silent . . . “  Once you become a suspect, the police must give you this warning before continuing with questioning.   If you ask for a lawyer, they must stop [...]

Additional Miranda Protection for Juveniles

Steven J. Richardson | August 18, 2009

Children get into trouble; it is often the way of the world.  If they get into trouble with their parents, that is one thing.  But what happens when the get into trouble in a BIG way, like getting arrested?  How do parents deal with this and protect their children’s rights?  Fortunately, the law does allow [...]