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D.U.I./Criminal and Traffic Defense Glossary Terms

Miranda Warnings

From the U.S. Supreme Court’s Miranda v.Arizona, Miranda Warnings refer to warnings that law enforcement officers must give suspects in custody if they would like to question the suspects and later be legally able to use the answers to those questions as evidence in court. Familiar to many from crime shows on television, Miranda Warnings are as follows: You have the right to remain silent; If you do say anything, what you say can be used against you in a court of law; You have the right to consult with a lawyer and have that lawyer present during any questioning; If you cannot afford a lawyer, one will be appointed for you if you so desire; If you choose to talk to the police officer, you have the right to stop the interview at any time.

Misdemeanor

One of a group of crimes found to be less serious, typically warranting less severe punishment. Offenses considered misdemeanors will vary by state but may include vandalism, underage drinking, disorderly conduct, trespass, prostitution, public intoxication, and simple assault. Those convicted of a misdemeanor are generally punished with a maximum of 6 months in a local or county jail but other possibilities may include probation, community service, and weekend imprisonment or some combination of all of those. Misdemeanors are still serious. In some instances pleading guilty to a misdemeanor will have unintended consequences such as making someone ineligible for a student loan, military service, or other types of employment. Also, misdemeanor convictions for driving under the influence or domestic violence typically escalate in punishment and second or third convictions of the same offense will result in substantially harsher penalties.

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