The Correct Procedure on Miranda Rights as a Defense Attorney

Being part of the government and working for the law can be an honorable thing and a dream for many people. Working for the victim or the accused can be for the right or wrong reasons. Such as defending the accused or defending the victim.

Everything that keeps the laws in order is called “Miranda Rights.”This is what keeps the accused knowing their rights and seeing if they understand them. It is always supposed to be used when an officer or whoever in the law enforcement is going to arrest someone or somebody.

The Miranda Rights read “you have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me ?” My case is a multiple murder case.

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I am a defense attorney for my client. My client actually committed the crime by breaking into a couples home, torture and killing them in the course of robbing them of jewelery and other valuable belongings that they had. When my client got arrested he confessed to doing everything but one thing was wrong that the police committed when arresting my client, they didn’t read him his Miranda Rights and also they coerced my client into confessing without my presence as his attorney.

An evidence that I found in an article when police arrest someone they have to read them their Miranda Rights. It is a constitutional right for arresting suspects to know their rights such as to remain silent and obtain an attorney before being questioned. For my case they did not comply with the rights for my client. For example they didn’t wait for me as his attorney so they intervened with my clients rights, which is not good, the authorities violated my clients Sixth Amendment which is having the right to have an attorney present before being questioned by authorities. As well as due process because he didn’t receive fair treatment from the authorities after being arrested and his fifth amendment.

Without these amendments anyone who is arrested or being accused of something people would not have the right to counsel without the sixth amendment, as well as his due process and fifth amendment.Seeing the police violation that the police committed toward my client by violating his rights, it can happen to many other people which is not fair. The main thing that the police violated was my clients Miranda Rights as well as any other. So anything that my client has confessed to the police officers while they were interrogating him can removed. Just like the Miranda Rights these rights help people know their rights while being questioned by authorities or while being arrested. Such as my client he did have the right to plead the 5th amendment while being questioned which is it formally means that if the police is going to arrest my client he should have already been charged or accused of the crime he committed.(https://www.law.cornell.edu/constitution/fifth_amendment) For the police violating my clients rights any investigation of all allegations of misconduct will be investigated with suspension without pay. (leg.state.nv.us/NRS/NRS-289.html#NRS289Sec027) Any allegations that are reported have to be fully investigated to see if the officer has committed bad conduct that may receive punitive action.

Not only is my client affected by what he did, but everybody involved in this case is affected. The community is affected, the friends and family are affected, the police, and even me. I believe why all these people are affected is because of how everybody is involved in this case. It is taking an emotional and physical toll on everybody. Especially the police because of my client. Each party has different reasons for being pulled into this case. For example me as the defense attorney would prefer not to defend someone like this but because I was hired to be his attorney I can’t let my better judgement get the better of me and get involved with my job, but in real life if I was an attorney I wouldn’t defend someone like this. It is hard to defend someone like that because not only is my reputation is going to be at risk but as well as my family because of the person I am defending. Being his defense attorney I can’t just ignore the Miranda Right violation because it is violation towards my clients rights and towards many others but also with the investigation commencing it will show other law enforcement authorities that no violation that they commit can be forgiven and forgotten very easily.

Who also will be affected by this is the victim because they were the ones that got affected because they were victims, they were the ones that got murdered because of my client. Many people got affected by this, they got affected by my clients actions which is unfair to everybody. What my client did is one the most unforgivable and horrific for a community and family and friends to even experience entirely. Another thing that I thought also made me think was what if my client any family. They are also parties of this case, stakeholders, because being family members of my client. The public will see them differently and they will shame them for what their family did. If my client even had family members at all.

In the end I believe the options I have is to include another legal counsel for only for my client but for me as well as his defense attorney because violation to his miranda and also beign a huge case. Another option is for my client to plead guilty and wait if we can get him a lighter sentence in the future but in the end I want people to understand how important their Miranda Rights are, even if you don't know what to do or ask for always ask for a lawyer because it is your right and you should always know that.