In matters of criminal law and accused always has the right to defense counsel. This is a fundamental principal of US law. It is enshrined in the so called "Miranda" rights of any person being apprehended and detained by the police in every situation. This is based on the Fifth amendment to the constitution.
The fifth itself is a very wide ranging act covering many aspects such as double jeopardy, due process, the right of silence self incrimination, Grand Jury, and of pertinence to Miranda the process of police interrogation.
In matters of criminal law and accused always has the right to defense counsel. This is a fundamental principal of US law. It is enshrined in the so called "Miranda" rights of any person being apprehended and detained by the police in every situation. This is based on the Fifth amendment to the constitution.
The fifth itself is a very wide ranging act covering many aspects such as double jeopardy, due process, the right of silence self incrimination, Grand Jury, and of pertinence to Miranda the process of police interrogation.
In the case for the prosecution every stage of the process, from the investigation of a crime, be it a misdemeanor or a felony, the process of the arrest, the interrogation prior to arraignment. The arraignment itself, the appointment of an attorney and so on have to be "by the book" or the defendant has an immediate set of technical defenses which have nothing to do with the merits of the charge itself. The technical defenses have often been the cause of a criminal case being dismissed without due reference to the merits.
There are a raft of technical points to be considered and anyone who is being arrested on a charge relating to drug offenses, whether it is a simple baggie of marijuana or a more serious charge of dealing in narcotics. But all these charges are serious and any conviction stays on one's record and there are numerous knock on effects, such as disqualification for any public office, the applications for job interviews and eligibility for bank loans and mortgages and the like.
For this reason, if you are being arrested in Massachusetts for a drug offense, you are strongly recommended to listen to your Miranda rights, say absolutely nothing and appoint a Boston Drug Charges Attorney immediately. The initial consultation will be free wherein your appointed attorney will start a thorough review of the evidence and the technical aspects of the case against you.
Many case of illegal activity on the part of the police force have resulted in many of the drug cases actually being weak. They may well have stopped you without just cause (fruit of poisoned tree defense) or they may have intimidated and interrogated you before reading you your Miranda rights, in which case all that evidence may be thrown out as having been obtained under duress.
Similar advice is to be given if you are being charged with a DUI offense, shop lifting, criminal solicitation, buying stolen goods or any other criminal charge.
The criminal laws are very complex and exacting and you as an individual a are unlikely to be aware of all the ins and outs. The best advice to give anyone is, don not incriminate yourself, if you are being detained listen to your Miranda rights and say nothing. Then consult a Boston DUI Attorney immediately and follow his advise.
The founding fathers in their wisdom decreed that everybody is innocent until convicted in a court of Law, and everyone is entitled to a robust defence
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