Travis Newton Law
Travis Newton Law Firm. Criminal & DUI Defense Attorney 115 North McDuffie Street Anderson, SC 29621 (864) 965-9148.
CRIMINAL & DUI DEFENSE
The purpose of the attorney-client privilege is to encourage open communication between clients and lawyers. This helps lawyers advocate effectively for clients and prevents attorneys from revealing information provided to them by their clients. While the attorney-client privilege is a formal rule that prevents an attorney from testifying about a client’s statements, the duty of confidentiality covers any discussions about a client’s case. A lawyer must keep this information private if it is related to their work for the client.
Miranda Warning refers to the constitutional requirement that once an individual is detained by the police, there are certain warnings a police officer is required to give to a detainee. The requirement to give Miranda warnings came from the Supreme Court decision, Miranda v. Arizona where the Court held a defendant cannot be questioned by police in the context of a custodial interrogation until the defendant is made aware of the right to remain silent, the right to consult with an attorney, and to have the attorney present during questioning, and the right to have an attorney appointed if indigent. These warnings stem from the 5th Amendment privilege against self-incrimination and the 6th Amendment right to counsel. Without a Miranda Warning or a valid waiver of the Miranda rights, statements made may be inadmissible at trial under the exclusionary rule which prevents a party from using evidence at trial which had been gathered in violation of the United States Constitution. This means a defendant has the right NOT to answer questions from police and may request to speak with a criminal defense attorney. If you have been arrested or if you are under investigation for criminal activity it is important to speak with a criminal defense attorney before speaking with the police. If you are questioned by police it is important to exercise your right to remain silent and then contact a criminal defense attorney to discuss your legal matter.
What Are Your Miranda Rights? You have the right to remain silent Anything you say can and will be used against you in a court of law You have the right to an attorney If you cannot afford an attorney, one will be appointed for you
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