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Gregory A. Miller Gregory A. Miller

FAQ

  • Frequently Asked Questions

    • If you are arrested and charged with a crime you should immediately contact an experienced criminal defense attorney. Do not discuss the case with anyone, especially the police.
    • Miranda warnings became a requirement during arrest, after the 1966 Supreme Court case, Miranda v Arizona where Ernesto Miranda was arrested and charged with rape in 1963. Miranda was not told by his arresting officers of his rights, and confessed to the crime. As a result, the Supreme Court ruled that the evidence provided by Miranda during the confession could not be used in court. When arrested, your Miranda Rights will be read, which state, "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 speak to an attorney, and to have an attorney present during any questioning. If you cannot afford a lawyer, one will be provided for you at government cost." Understanding your rights is extremely important to your criminal defense.
    • Explaining your side of the story is a bad idea, since, as per your earlier Miranda warnings, anything you say can, and will be used against you in a court of law. Any inconsistencies in your statements can be twisted and may be used against you. The best thing to do is stay quiet and cooperative, and ask for an attorney. A friendly investigator who appears to be on your side is actually looking for evidence to use against you. Beware.
    • The Miranda warnings clearly state that "You have the right to speak to an attorney, and to have an attorney present during any questioning." An experienced criminal defense attorney has knowledge of the law and legal process, and knows exactly which questions you should and should not answer. Whether you are guilty or innocent, it's important to remember that an attorney is there to give you the best possible defense which could result in a not guilty verdict or to seek alternatives to jail or prison. Going through the legal system without a lawyer is foolish and should be avoided.
    • One factor in choosing an attorney is experience. As there is a great deal of experience gained over years of appearing in court, it is advised that you choose a Fort Wayne criminal defense attorney that has many years of experience, rather than a lawyer that has just entered the professional field. There are also relationships that are developed over time, including with judges and prosecutors. The familiarity with the various professionals in the court system can be beneficial when negotiating a plea or seeking to reduce the level of a charge from felony to misdemeanor.
    • Any case has flaws. You owe it to yourself to find out if there are serious errors in any facet of your case, including police procedure in gathering evidence, the initial stop, any search of your person or your home, car or other location, or in lab or testing procedures. The chain of custody of the evidence against you should be evaluated as well. I undertake a full review of all of these details, and often discover an error that could lead to a case dismissal. Call my firm for a case review if you are facing DUI charges in Fort Wayne.
    • If you plead guilty, it is "game over." You don't have the option to change your plea, whereas if you plead "not guilty" you can change your plea later if that turns out to be the right strategy. Essentially, it is important that you discuss these issues with a Fort Wayne criminal lawyer you can trust before you make a decision. Even if you believe you were guilty, you should get counsel before you take any steps. A criminal case can get very serious very fast, and without a lawyer managing the progress of the case, and helping you to gain any possible advantage, the consequences could be extensive, or life-changing.
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