| John gets pulled over for erratic driving for the second time this month. When the cop approached his car he smelt marijuana and presented a warrant to search his car. |
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 | You are under arrest for possesion of marijuana. You will be brought to the station and read your Miranda Rights | |
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| I am required to be read my Miranda rights because of the court case involving Miranda vs Arizona, when he was not aware of his rights | |
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| When John is detained after he is formally accused he is read his Miranda rights before he is interrogated which include 1.) you have the right to remain silent 2.)Anything you say can and will be used against you in court 3.) You have the right to an attorney 4.) If you can not afford an attorney, one will be appointed to you. |
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| John we will start by reading your Miranda rights and then you will be questioned. This will determine if you have to appear in court. Yes you will be given an attorney | |
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| Will I be given an attorney? Great | |
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| After an interrogation that lasted about 5 hours they determined that he will appear in court. There are different acceptable time amounts for interrogation based on type of crime and age is also a factor. Witnesses may also be brought it. |
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| (This is John's attorney, all people going to court have the right to an attorney. In the case Gideon vs Wainwright the right to an attorney was protected under the 5th amendment) Ok John when we go in there, there will be a jury of your peers to hear your argument and determine the punishment. According to due process you are protected against cruel and unusual punishment. | |
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| I also have the right to appeal and decision and plead not guilty after the decision is made. Also the right to speedy trial because of the court case known as Barker vs Wingo. | |
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