Over the years, people tend to think that assault and battery can be interchanged, but that is not the truth. Assault is a threat that makes some fear that violence will be meted onto them in the future. It could also involve the accused waving around a weapon at a person in a threatening manner. Most times, the battery is seen as a misdemeanor, except when a special victim is involved. It then becomes a felony. Immediately you are arrested for battery, the first thing that you should do is to get a battery lawyer in Lake Charles to represent you.
Aggravated battery occurs when a person uses weapons during the battery. This is a felony charge and has severe penalties. You need a battery lawyer in Lake Charles like Carl Barkemeyer if you are arrested for aggravated battery.
The penalties for battery, depending on the type and circumstances surrounding the case, range from a day to five years in jail.
You shouldn't joke with a case like this.
Carl Barkemeyer has handled numerous battery cases in Lake Charles and we know what to expect.
We know when to take the case to court and when to opt for a plea deal.
If you have been arrested for battery, you have the right to keep mute and ask for a battery lawyer in Lake Charles. We have come across battery defendants that do not know that the rights. This is why we have decided to analyze the Miranda rights and let you know what your rights are in the Fifth Amendments.
The 1966 ruling by the U.S. Supreme Court's Miranda v. Arizona was what made Miranda rights, as we know it, come to being. The ruling put limitations on how the government could interrogate people that they brought into custody. Before then, it was common to see people's rights being violated without care. The ruling was interested in protecting a suspect from incriminating themselves and offered them the right to counsel too. A great aspect of this ruling is that the police aren't allowed to interrogate a witness or suspect when he has invoked his right to counsel.
Below is what you normally hear in the movies or in reality when someone is about to be arrested and it is the Miranda warning.
You have every right to remain silent.
Whatever you say may be used against you in court. You have the right to an attorney now and during any future interrogation. If you cannot afford it, one will be assigned to you free of charge if you wish.
To prevent self-incrimination which is part of the Fifth Amendment, a suspect is allowed to have an attorney present during investigation. When a person can't afford a lawyer, he can get a lawyer appointed to him by the state.
It was important for the Supreme Court to allow the suspects to know this, so as to ensure that innocent people were not found guilty because of incriminating things they may have said when they didn't know of their rights.
Based on the ruling, the police aren't allowed to interrogate a person that states that he or she wants a lawyer. If the police do, the rights of the person are violated, and he or she can walk free because of that.
The police have no choice but to give the accused the chance to discuss with his lawyer in privacy. The suspect also has the right to have his lawyer like Carl Barkemeyer present when subsequent questioning is ongoing.
It is important to note that you can be arrested without the police stating the Miranda rights. The rights do not state that you can't be arrested if it is not said to you. What the Miranda rights do is to ensure that you do not incriminate yourself during questioning.
If you are arrested without being questioned, and your Miranda rights weren't stated, there is no issue. It becomes an issue when you are being questioned without the rights being stated. Before the police can arrest someone, they must have probable cause to believe that he or she committed a crime. Probable cause is the fact that they have a cogent reason, which is dependent on events or facts.
If you have been questioned and your rights weren't read to you before the questioning, whatever you said can't be admissible in court. There is a great chance that you may walk free. In some cases, the case may continue but whatever you uttered before the case can't be admissible.
The fact that you have Miranda rights doesn't mean that the Police are not allowed to ask you some questions without violating your rights. Below are questions that the police are allowed to ask.
What is your name? Where do you live? What is your date of birth and social security number?
These questions are to ensure that the identity of the person is established. The Police are allowed to administer drug and alcohol tests without stating the Miranda warnings. The person being tested can decide not to answer any question sent towards him.
It is your right to have a counsel represent you, analyze your case, build up a defense for you, be present at an interrogation, line up and so on.
It is advisable that you invoke your rights to be quiet and counsel immediately you are arrested. It saves you from incriminating yourself and digging deeper holes for yourself. Contact Carl Barkemeyer, your Lake Charles Criminal Defense Attorney, today.