Hart, MI Criminal Defense Law Firms & Lawyers

Thanks to television and movies there is a big misconception about the Miranda warnings: when they need to be given and what the remedy is when they are not. Police do not have to read you Miranda warnings simply because you are placed under arrest. They only have to read you the Miranda warnings when you are placed under arrest AND they wish to interrogate you or ask you potentially incriminating questions. The purpose of Miranda is to protect a suspect from incriminating themselves. If the police extracted a confession or incriminating statements from you after not reading you your Miranda warnings when they should have, the remedy is not to dismiss the case but suppress the incriminating statements or keep those statements out of evidence. In other words, the prosecutor would not be able to use them or comment on them at trial. Remember a Miranda violation will never, ever invalidate an otherwise lawful arrest.

You need to get an attorney, these are serious charges and the public defender will be appointed to represent you if you cannot afford an attorney. Do not try to defend yourself. You would not want a baker to perform brain surgery.

You have a right to have a weapon, but you are putting your husband at risk. As a convicted felon, he has no right to possess a firearm or dangerous weapon until that right (if possible) is restored by the court. Your husband is living in the home with you and has access to the home, just as you do. This includes the contents of the home. The risk is great. You need to weigh the risks.