by Chambers Law Firm | Sep 2, 2021
The Fourth Amendment of the United States Constitution provides that people are entitled to protection from “unreasonable” searches and seizures, and that no search warrant can be issued unless it is signed under oath, supported by probable cause and specifically... by Chambers Law Firm | Sep 2, 2021
Miranda rights are a set of rights that must be given to individuals who are in custody and being interrogating by police or other law enforcement agents. These rights arise under the privilege against self-incrimination that is contained in the Fifth Amendment of the... by Chambers Law Firm | Sep 2, 2021
Contrary to popular belief, Miranda rights are not required just because a police officer questions an individual. Three things are required before you are entitled to have Miranda rights given: The person must be in “custody” as that term has been defined by the... by Chambers Law Firm | Sep 2, 2021
When a person is arrested, he or she might be released on his or her “own recognizance.” This generally only happens for minor offenses, and means that the individual is released as soon as the booking process and paperwork are completed. However, in most instances,... by Chambers Law Firm | Sep 2, 2021
The decision whether to prosecute a criminal case, and the decision to continue prosecuting a criminal case, rest solely with the prosecutorial agency (normally the District Attorney or City Attorney, or in a federal case, the U.S. Attorney’s Office). Although the...
