A person arrested or charged with a crime has a number of constitutional rights, under both the U.S. and California Constitutions.

These rights include the rights against self-incrimination, to a jury trial; to confront witnesses, and right to counsel. See Boykin v. Alabama (1969) 395 US 238; Gideon v. Wainwright (1963) 372 US 335, 83 S. Ct. 792; Brady v. U.S. 397 U.S. 747; People v. Howard (1992) 1 Cal. 4th 1132, 5 CR 2d 268.

The term Miranda Rights" refers to reading of available constitutional rights to a person placed in custody by police. The term "Miranda" comes from the name of the Defendant who raised the issue in the Courts. See Miranda v. Arizona (1966) 384 U.S. 436, 469-475, 86 S. Ct. 1602, 16 L. Ed. 2d 69 When police officers ''seize'' a person within the meaning of the Fourth Amendment, then police it must comply with federal constitutional standards, and a Miranda warning is required. There are lesser contacts with police than custody, such as "investigative detentions" for which no warning is required The remedies for violations of Miranda rights, include the exclusion of evidence.

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Our criminal defense attorneys at Roberts & Elliott, LLP defend clients throughout California's South Bay area and Silicon Valley, including the cities of San Jose, Santa Clara, Campbell, Cupertino, Sunnyvale, Mountain View, Los Gatos, Gilroy, Morgan Hill, Milpitas, Palo Alto, Pleasanton, Livermore, San Francisco, Fremont, Oakland, Hayward, San Mateo, Redwood City, and Hollister charged with a crime. Our experienced criminal defense lawyers also defend clients throughout the following California counties charged with a criminal offense: Contra Costa County, Alameda County, San Benito County, Santa Cruz County, San Francisco County, San Mateo County, Monntery County and Santa Clara County. Whether you need a San Jose criminal defense lawyer or a California DUI defense lawyer, we can help.

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