What Are Miranda Rights And When Do They Apply?

Miranda Right is your right to remain silent, your right to have counsel present, and your right to be represented during any custodial interrogation. Therefore, if a police officer says you are not free to leave, and under the law, considered to be detained or “In custody”, then you have the right to remain silent and not incriminate yourself. If you do speak to any law enforcement officials, you have the right to having your attorney present during any questioning. There are two different prongs there. Meaning, are you actually in custody? A reasonable person in your situation would not feel that they are free to leave; and number two, are you interrogated.

That is not you are in custody and there is a question asked of you. Interrogation does not necessarily have to be questioned. Interrogation is any statement that law enforcement personnel would make that is likely to elicit an incriminating response, or a response that could potentially hurt you as a client. That is the Miranda Rights. Miranda means you have the right to remain silent, the right to counsel, you are in custody, detained, and not free to leave.

How Does Having Good Character And A Clean Prior Record Impact A Criminal Case?

Having a clean record is a positive impact when facing criminal charges. It helps a lot. For instance, the more community connections and character witnesses you have, that speaks volumes about who you are. It presents having a good moral character, and shows how believable a person you are, especially if you testify. If you are arrested and held in jail, you have the right to have a release hearing. If we can pepper the court with information about whom you are, such as having a great job, well known in the community, good parenting skills, then the chances of the court holding you in custody before your trial date become less likely. You already show how involved and entrenched you are in your community; the chances predict you will show for all court appearances.

For pre-trial release, this is very important, as well as for trial, and for sentencing purposes. Let us say you get drunk, you kicked over a mailbox or something like that, became angry or whatever, and facing the criminal treatment, such as drinking in public. The community might reach out and say, “This never happened, this guy doesn’t do stuff like this. This person never acts like this”, then your chances of being arrested and needing any long-term probation, court involvement, or supervision becomes greater of release. The behavior is completely out of the ordinary for this person, and in a report, this makes no sense. It might even throw the charges out the door.

What Are The Differences Between Misdemeanor And Felony Charges?

Misdemeanors are a crime with maximum punishments, you serve up to one year in jail, and $6,250.00 fines for class A, and class B misdemeanors can be up to 6 months in jail, $2,500 in fine. For class C, it is 30 days in jail and a maximum $1,250 in fines. The felonies are the same C, B and A. The maximum you would be paying on a class C felony is five years in jail, and $125,000.00 in fine; class B felony is ten years, $250,000 in fines; class A, is 20 years maximum with some exceptions. For the most part, class A maximum, would be 20 years, and $375,000 in fines. Sentencing in Oregon is one of the strictest sentencing states in the country, because of the laws that had passed for mandatory minimum sentencing.

How Does The Bail Process Work In Oregon?

The bail process in Oregon starts with an arraignment. You are then taken into custody, and once arraigned, the court will offer bail or perhaps maybe not. The court will issue an amount of bail they believe is reasonable, considering the primary representation of facts by the prosecution. It could be at $40,000. For example, if you fought with your wife and now you are facing a domestic violence, or assault charges, the court can set bail at $40,000. If the court sets a $40,000 bail, then it is your responsibility to pay ten percent of that. You need to come up with $4000 to post bail. It also means that you agree with the court that at any time there is a court appearance or you must be present.

If you do not, and fail to appear, you run the risk of not only giving up the amount of bail you posted, but also actually exposing yourself to the entire judgment for the $40,000. You can post it yourself, or you can have family/friends post it. This ten percent is the financial security the court is expecting from you.

For more information on Miranda Rights In A Criminal Case, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (503) 345-7488 today.

Shannon I. Wilson, Esq.

Get your questions answered - Call to schedule an initial strategy session (503) 345-7488.

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