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Invoking Your Right to Remain Silent

While the “right to remain silent” represents one of your most unassailable rights, many people have a few misconceptions about how it works. A lot of people receive their understanding of this particular right from media and preconceived notions. Here’s a look at what it is, and what it isn’t, when it comes to your right to remain silent in Michigan.

Your Miranda Rights

To start with, you need to understand your overall Miranda rights. These rights, or warnings, exist so you don’t accidentally violate your own Fifth and Sixth Amendment rights. These include your right to not incriminate yourself, and your right to legal counsel, respectively. Miranda warnings also exist to prevent law enforcement from purposefully violating your rights as well.

You Only Need to Hear Your Rights Before Being Arrested

Many people assume an officer must read them their rights no matter the circumstance. That’s not true. Officers only need to verbalize your rights if they intend to arrest you. If an officer subjects a defendant to a “custodial interrogation,” then they have to advise the individual of the right to remain silent. Courts have noted that questioning during traffic stops do not require Miranda warnings because the individual isn’t in custody (even though they are not free to leave the scene before the traffic stop has been concluded).

You Have the Right to Remain Silent

You don’t have to answer any questions police or other law enforcement agents ask you. You have the right to contact legal counsel, and have them present before an officer can interrogate you. Even if you do start answering questions, you have the power to stop answering them until legal representation shows up.

You Must Invoke Your Right

At any time, you can “plead the fifth.” If an officer reads you your rights, you should acknowledge that you heard them, and let them know you will remain silent. It’s not enough to stay and remain silent without acknowledging that’s what you’re doing. Otherwise, it can become misconstrued as you purposefully not invoking your constitutional right to remain silent.

If you need a knowledgeable and reliable defense attorney, contact the criminal law office Aldrich Legal Services today at (734) 404-3000.

PROBATE 2: Can you remove a guardian that holds power of attorney?

Under the EPIC, a “suitable” guardian is one who is qualified and able to provide for the ward’s care, custody, and control. When a preponderance of the evidence weighs against the suitability of the ward’s current choice for guardian, the probate court must remove that person as guardian.

PROBATE 1: Probate court jurisdiction versus business court jurisdiction.

In this case involving a Living Trust, the husband, appeals as of right the probate court’s order granting partial summary disposition to their daughter. The order resolved claims relating to two family businesses, declared the wife disabled, and pursuant to the terms of the trust, removed the husband as successor trustee of the trust.

REAL ESTATE 3: Can you take your neighbor’s land by Adverse Possession?

To prevail on a claim of adverse possession, plaintiffs must show that they possessed the disputed property openly, adversely, exclusively, and continuously for at least 15 years. A party making an adverse possession claim can meet the time requirement by tacking their possessory period to that of their predecessors in interest with whom they are in privity of estate.

The Basics of a Plea Bargain

A plea bargain is an agreement made between the prosecutor and the defendant in which the accused person agrees to plead guilty or no contest in exchange for the prosecutor dropping the charges or recommending a lower sentence to the judge or...

REAL ESTATE 2: Property dispute, intent is not required for a trespass.

In instances of trespass where injunctive relief and actual damages are not warranted, a plaintiff nevertheless is entitled to nominal damages. Because a trespass violates a landholder’s right to exclude others from the premises, the landholder could recover at least nominal damages even in the absence of proof of any other injury.

Bail: Getting Out of Jail After an Arrest

Being arrested in Michigan is certainly not going to be a fun experience no matter what, but it can be easier when you understand exactly what will happen and why. Find out more about how you can get out of jail by posting bond.  What are...

Choosing the right executor for an estate

When people are thinking about planning their estate, they often think about trying to minimize the estate tax, keeping their will updated, and keeping items out of probate court; however, there is another important issue that people need to think...

Is an IRA marital property subject to division?

Plaintiff, age 67 at the time of divorce, and defendant, age 59 at the time of divorce, were married for 23 years. The judgment of divorce provides for a division of property. Defendant appeals arguing that the trial court erred in determining the...

Digital assets and estate planning

Since the first smartphones were introduced nearly a decade ago, there has been a gradual shift from widespread use of traditional paper documents to digital documents. If you need proof, consider that most people have plane tickets on their phones,...

Child Support Modification

Plaintiff sought an increase in child support, claiming the defendant-father's income had increased substantially, which constituted a change in circumstances. In July 2015, plaintiff filed a motion to modify child support. In that motion,...

A divorce shouldn't thwart your estate planning goals

We all know that divorce is not easy, no matter how ready you may be to get out of a troubled marriage. There are certainly emotional hurdles to overcome as you move on with life, and the financial hurdles may take longer to get over than you may...

Creditor's Rights Against Estates and Trusts

The probate court denied a petition for formal proceedings. The petition further identifies the petitioner as a "creditor" of the estate and states that "Litigation against the Estate is pending." Appellee is the widow and was...

What to know about will contests

You create an estate plan to make sure your heirs and beneficiaries are taken care of in the event you are no longer able to. You may also do so to minimize the bickering and infighting that may come between surviving family members who may have...

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