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Manchester and Associates

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Miranda Rights

October 18, 2015 By admin

Levels of Detention

In an earlier blog I discussed the misconceptions of Miranda warnings and talked about the different levels of police detention. In this article I will discuss these levels in more detail and your rights as a citizen during each level.

Police Detention Levels

In Pennsylvania there are three main levels of interactions with police. They are the

  1. “mere encounter”
  2. “investigative detention”
  3. “custodial detention”

These levels are extremely important when dealing with search and seizure issues with the 4th amendment of the US Constitution and PA’s Constitution. These levels offer different rights during each level of interaction and limits on police.

Let’s start with the least intrusive and work our way up.

Mere Encounter.

The police can approach you at this level with no support of any level of suspicion. However you as a citizen have no official compulsion to stop or respond to the police.

As an example if you are walking down the street, the police can walk up to you and ask to talk to you. You do not have to respond as long as they have no suspicion that you have done anything wrong.

You can walk away.

The problem is you will not know what suspicion the officers might have. If they have a level of suspicion then we move up to our next level of interaction.

Investigative Detention.

The police at this point must have a reasonable suspicion that you have been involved in some type of criminal activity. This level of suspicion required the police to be able to articulate the facts that rose to the level of reasonable suspicion.

During the Investigative Detention the police are allowed to stop and detain and question you for a period of time, this exact period in undefined by the courts. However this detention cannot involve coercive conditions as to constitute the functional equivalent of an arrest.

An example of this type of detention is when a person is pulled over for suspicion of DUI. The police at the beginning of the stop must be able to articulate facts supporting the stopping of an individual for DUI, even though they do not actually know whether you are driving DUI.

That can be determined during the detention of the individual when the officer can investigate the DUI by having the person go through field sobriety test and usually involved a portable breathalyzer.

Custodial Detention.

Now the police must have probable cause. Once into the custodial detention phase you have been arrested for a crime in which the police must be able to meet their burden of probable case. Now your Constitutional rights begin to start applying; especially if the police start to interrogate you.

If the police are interrogating you, your Miranda rights now apply, which include the right to remain silent and the right to an attorney.

Should you find yourself in a situation where you need legal representation you need to contact criminal defense attorneys that are going to know the law inside and out. Here at Manchester and Associates we represent people across the Commonwealth of Pennsylvania. At Manchester and Associates, we only practice in criminal defense, thus we understand when people find themselves accused or charged with a crime, and the challenges that each individual case could face in the PA judicial system. With a combined experience of over 65 years, there is almost no situation we have not encountered. For a free consultation we can be contacted toll free at [number type=”1″].

Filed Under: Constitutional Rights Tagged With: Miranda Rights

October 14, 2015 By admin

Your Miranda Rights

We’re all familiar with it – “You have the right to remain silent” and so on and so forth. This phrase is part of the Miranda Warning, otherwise known as your Miranda Rights. But you’ve probably never really dug into what these rights actually mean for you, so I will explain them here.

Misconception about the Miranda Warning

While reading the American Bar Association journal today I came across an interesting article on misconceptions about our US Constitution. This got me thinking about our US Constitution and our PA Constitution and other general misconceptions with the law.

One of the main misconceptions I hear from clients is that they were never Mirandized when they were arrested. This I am sure comes from the numerous cop television shows and movies were a person is tackled to the ground and the officers immediately state the Miranda Warnings; however even if you are arrested under the law you do not ever have to be Mirandized. As long as you are not being “interrogated” these warnings never have to be given.

The main distinction here is the level of control the police are influencing over you and whether or not you are in custody and being “interrogated”. As far as the different levels of incarceration/police control, that is a complicated subject on its own and I will discuss those levels in a later post.

3 Levels of Police Control

For now, I will just state that there are three main levels of police control over an individual:

  • the “mere encounter”.
  • the “investigative detention”.
  • and the “custodial detention”.

Now Miranda rights can be given at any time but are only required during “custodial detention” and if you are being “interrogated”.

What Do I Do If My Miranda Rights Are Violated?

If they are not given in this situation and the police are using the statements that you gave to them against you, only then can you make a claim to the Court that your Miranda rights have been violated.

At this point the issue will need to be brought in front of a Judge and ruled upon to limit the police from using the statements and preclude then from testifying about the statements.

When it comes to being arrested for a DUI in Pennsylvania your right to remain silent and Miranda rights get murkier. In Pennsylvania, if you are sitting in your car and a police officer asks you questions you are not considered in custody so everything you say will get used against you.

Once you get to the hospital you are even told by the police officer you have no right to an attorney before they ask you to give blood. Not until after the blood test does a police officer give you your Miranda rights warnings. However, to even make this more complex once arrested and put into the police car if they ask you any questions then you are considered in custody and they have to give you Miranda warnings but then at the hospital in terms of the blood test you don’t have any rights. Very messed up system in Pennsylvania so you must never answer any questions the police officer asks you other than biographical data. This avoids any issues.

Other than that, remain silent and ask for a lawyer.

If You Are Charged with a Criminal Offense, Call an Experienced Attorney Immediately

If you are charged with a DUI or other Criminal offenses, contact Manchester & Associates ASAP for a Free Strategy Session.  You will use this no-obligation Strategy Session to begin building your defense and have your legal options explained to you.

Filed Under: Constitutional Rights Tagged With: Miranda Rights

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rodney baker
rodney baker
23:05 24 Nov 20
Persistent ! That is the word, Brian Manchester is very persistent . He will leave no stone unturned , and fight for... justice and be sure that you don't just get a run of the mill sentence .or just lay down for what ever the DA offers, i was involved in a DUI arrest over 2 years ago ! Brian would not give up, There was many trips to the court house and every step of the way he kept me very informed . Brian's courtroom performance is very professional and at time's theatrical and dare i say entertaining ! and in the end he and I WON a victory that didn't end with being charged with DUI :) Thank you again Brian for being persistent and all that you done for me .read more
Ashley Gunnett
Ashley Gunnett
03:06 13 Nov 20
Attorney Kuebler represented me in a case that could have potentially ended in license suspension and jail time. She... was able to negotiate a deal and got all charges (including a DUI) dismissed, except for a summary offense. It was the best possible outcome. I HIGHLY recommend Manchester and Associates!read more
Olivia Matthews
Olivia Matthews
19:30 04 Nov 20
Very helpful and is a great guy. He is always in contact and has great connections. I can't thank him enough for all... the help he's given me. I highly recommend Manchester and Associates.read more
Bob Dearman
Bob Dearman
14:07 27 Oct 20
I would highly recommend Manchester & Associates to everybody. They were recommended to me by another law firm. When I... made the call to talk to them, I was pleasantly surprised when I was able to discuss my case directly with Attorney Manchester himself. We talk about what my option were, and they said it would be no problem to represent me in this case. They did not have much time to prepare before my preliminary hearing and I was instructed to look for Attorney Davidson at the hearing location a half hour before it was time. When I found Attorney Davidson he explained to me what their plan was and I also found from listening to Greg talk to other attorneys how very well versed in the law and the situation that I found myself in he was. Much to my surprise I was able to plead guilty to a much lesser misdemeanor and walked out paying less than 10% of what I could have been looking at and more important, I faced on incarceration time what so ever. They did exactly what Brian told me they would do. Again, thank you Attorney Manchester and the very knowledgeable Attorney Davidson.read more
Jimmy Figueroa
Jimmy Figueroa
10:15 30 Sep 20
This law firm help me with a bad situation and it was done within days. The best law firm I've dealt with. I highly... recommend them to anyone.read more
Becky Hemphill
Becky Hemphill
22:28 29 Sep 20
We hired Brian Manchester when my daughter was charged with crimes after being a passenger in a motor vehicle accident... when she was actually a victim. She was (and is) still recovering when she was charged. Because she was in a wheelchair and recovering, Brian came to OUR HOME in the middle of nowhere on a Saturday to meet with us. He looked at the evidence and realized her being charged at all was wrong.. He got the charges dismissed without my daughter ever stepping foot in a Courthouse, as they never should have occurred in the first place, and she is now being treated like the victim she truly is. We cannot thank him enough and would highly recommend him and his associates! He does what it takes to get the best results possible. It doesn't get better than having the charges completely dismissed and expunged. Definitely worth it.read more
Ralph Larsen
Ralph Larsen
18:34 10 Sep 20
Almost 2 years ago, I found myself in need of a lawyer to fight a case for me, that if I lost, it could've cost me my... job. When I met with Brian I was impressed with his confidence and experience on cases similar to mine. I decided to use him as my lawyer, and it was the best decision I could have made. Over the course of 2 years he stuck with my case, stayed in contact with me on new developments, and always answered any questions I had. Once we had exhausted all options on attempting to settle the case, my only option was go to trial. When I asked Brian what he thought my chances were, his response was "I don't go trial to lose." He wasn't kidding, 2 days ago Brian spent 6 hours in court on my behalf and utilizing his experience and expert witness, I was found not guilty! I am beyond grateful to Brian for his work, and would recommend him to anyone that finds themselves in need of representation.read more
Siavash Varasteh
Siavash Varasteh
18:16 16 Aug 20
Great attorney. Constantly communicates with the client about the progress at each step and more importantly, he... delivers. Tip: Don’t interrupt him when he’s talking. He’s not fond of that. Let the man finish! Overal, I highly recommend Brian.read more
Jason Franklin
Jason Franklin
00:24 30 Jul 20
Brian represented me in a case that could have turned out really bad for me. He was upfront with me about everything.... Very professional but easy to talk to and always available to answer questions. If he couldn't speak to me at that moment he promptly returned my call in a timely fashion. He was able to negotiate a deal that was better than the best possible outcome I could have asked for. he definitely knows his way around a court room and everyone in the courtroom in Lycoming County including the DA and judge had a lot of respect for him and a good working relationship with him. I could not be more pleased with his representation and the outcome he somehow negotiated for me. I can not recommend him enough. If you are in a situation like me and need a lawyer give this firm a call immediately. I promise you will not be disappointed.read more
Angela Baker
Angela Baker
20:47 16 Jul 20
I can’t say enough good things about this law firm and the attorney who represented me on two different charges. ... Greg Davidson was the attorney on my cases. He kept in touch with me, he returned my phone calls and was there any time I needed assistance. If you find yourself in a position where you, unfortunately, need legal counsel, I highly recommend this law firm. They are professional, reliable, and have reasonable fees.read more
Tanya Fye
Tanya Fye
21:04 09 Jul 20
Very positive, responsive and effective. Delivered what Attorney Manchester said he could and made what was a... terrifying experience, less intrusive and invasive !! Thorough and quick response time. I was kept well informed at all times . Answered all questions in detail regardless of the amount of times that I asked , professional and courtesy!! Highly recommend!read more
Derek Ross
Derek Ross
18:56 06 Jun 20
Brian was extremely helpful with my legal issue. He always answered phone calls, texts, and emails in a timely manner.... For someone that wasn't all too familiar with how various aspects of the legal system worked, Brian did a great job communicating everything to me and offering explanations along the way. I am very happy with how he handled everything with my case and would use his services again in the future if needed.read more
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