They are called Miranda Rights and they are named after Ernesto Miranda who in 1963 was arrested for kidnapping and subsequently raping a 17-year-old girl. He later gave a written statement admitting to the charges, but since he was never told his rights--"the right to an attorney" in particular, the U.S. Supreme Court ruled that his conviction should be set aside.
Though, Miranda was tried again and was convicted again, even without his statement as evidence, his case led to law enforcement having to inform each criminal suspect about their rights.
The rights, according to criminallawconsulting.com:
"1. You have the right to remain silent. Do you understand?
2. Anything you say may be used against you in court. Do you understand?
3. You have the right to the presence of an attorney before and during any questioning. Do you understand?
4. If you cannot afford an attorney, one will be appointed for you free of charge before any questioning if you want. Do you understand?
5. Do you wish to waive these rights?
The police should try to get a "Yes" answer to each question to ensure the person understood and voluntarily waived each of his rights."
Fast forward to 2013 and Lindsay Lohan:
Lohan was accused of lying to police officers following a June car accident last year, but her lawyers have allegedly moved to have the star's recent legal case dropped. The attorneys claim that she was not read her constitutional rights, according to christianpost.com
Lohan allegedly asked for her lawyer before being questioned by cops following a June car accident that involved her Porche [sic] smashing into a dump truck on a California highway. Just after the accident, Lohan, who was with one other person at the time, told police that she had not been driving when the accident occurred, reported christianpost.com.
As Miranda before her, it was revealed that she did lie to police and was charged with a misdemeanor.
"Lindsay's new mouthpiece, Mark Heller, wants to have the case thrown out on grounds she was not Mirandized," TMZ reported. However, according to law enforcement sources, "Lindsay's entertainment lawyer was present the entire interview."
Heller argues that Lohan was advised by police to not leave or "it would be worse for her, according to the report." The report suggests that her then lawyer Shawn Holley did not arrive until after Lohan had been questioned and submitted to a One-Leg-Stand test under suspicion of a DUI, according to TMZ.
Prosecutors in the case are reportedly determined to follow through with a trial, reported christianpost.com.
"The City Attorney's Office will fight any attempt by Lindsay's legal team to postpone the trial in which she is charged with lying to cops. This is a very straightforward case, the charges are misdemeanors, and all discovery has been turned over in a very timely manner to Mark Heller," a law enforcement source told RadarOnline.com.
This article is copyrighted by Travelers Today, the travel news leader
