Boston Criminal Defense Attorney explains the exceptions to the Miranda warnings requirementAs Boston criminal lawyers, as well as many people, know the police are required to give certain warnings (known as Miranda warnings – “You have the right to remain silent . . .”) to a person in custody, before questioning him. Most people do not know, however, that there are exceptions to the Miranda requirement – instances in which the failure of the police to advise you of your Miranda rights will not … [Read more...]

When must Miranda warnings be given? Police must give the Miranda warnings (i.e., “You have the right to remain silent; you have the right to an attorney . . . .”) prior to questioning an individual who they have taken into custody. Although this may seem like a straightforward proposition, judges consider many factors in determining whether an individual was in custody. For a Massachusetts criminal defense attorney, persuading a judge to suppress a defendant's statement is no small task.When is … [Read more...]

Boston criminal defense lawyer, Kevin J. Mahoney, explains the source and scope of Miranda warnings If you have ever watched a crime drama on television, then you have heard the police officer say to the suspect, as he tightens the handcuffs and drags him away, “You have the right to remain silent . . . . “  While this might make for good television, this scene reflects more than just a writer’s imagination. In actuality, this statement is part of the Miranda warnings required by the … [Read more...]