The Hallinan Law Firm brings together top-level knowledge, experience, and fortitude, a unique combination essential to our success in affording our clients the best possible representation. Our boutique firm offers the efficiency and rate of success for which many larger firms are known while offering our clients the utmost personal care and attention. We strive to protect not only your rights and freedom, but also your reputation, professional licenses, and immigration status if necessary.
The Hallinan Law Firm will provide you with carefully crafted, unwavering, and discrete representation. We know that each individual’s own set of circumstances is highly unique, which is why we focus on providing the individualized attention and care that our clients deserve.
Criminal Defense Practice You Can Trust
Being charged or a suspect in a crime, even when you know you are innocent of it, is always scary when there is a legitimate chance that your day-to-day reality may be affected in an unpleasant way if the case goes to trial and even worse, if you are convicted.
The Hallinan Law Firm specializes in criminal defense. When you are charged with, or suspected of committing a crime, your power lies in knowing how to exercise your rights. Our attorneys have the knowledge and experience to best advise you on how to do just that, intelligently. We will effectively and vigorously represent you in front of a judge, a prosecutor, and a jury if necessary, to get the best results available. Additionally, if you seek to improve your existing criminal record, we will represent you through motions to expunge prior convictions, modify and terminate probation, and reduce felony convictions to misdemeanors.
Criminal Defense Lawyers,
San Francisco and Oakland, CA
At The Hallinan Law Firm, We believe that each one of our clients deserves high-stakes, high profile treatment and attention from their attorneys, regardless of who you are and what your particular situation is in regard to. Our mission is to provide you with the most effective representation necessary to obtain the desired result.
Northern California Lawyer
Miranda and the Fifth Amendment
The exact words of the Miranda warning are:
“You have the right to remain silent. Anything you say can and will be used against you in a court of law. … With these rights in mind, do you wish to speak to me?”
As a San Francisco, CA criminal defense lawyer can explain, Miranda rights apply to the Fifth Amendment of the U.S. Constitution that guarantees that a person cannot be compelled by the police or any other arm of the government to provide incriminating information about themselves. Miranda’s rights and warnings come from a case that was decided by the U.S. Supreme Court (SCOTUS) in 1966, Miranda v Arizona. In its decision, the Court also included Vignera v. New York, Westover v. United States, and California v. Stewart in its decision.
All four cases involved defendants who were in police custody and were questioned by members of law enforcement, completely cut off from the outside world, and not given any warning of their rights, including the right to take the fifth and the right to having an attorney present, prior to being interrogated. All four defendants subsequently confessed to the crimes they were accused of. Those confessions were used as evidence during their trials, and all four were convicted, and all but one of those convictions were affirmed in appeals.
In a landmark ruling, SCOTUS agreed with the defendants that their Fifth Amendment rights were violated. The Court ruled that under that amendment, a prosecutor cannot use a suspect’s statement made during an interrogation while that suspect is in police custody as evidence unless it can be shown that:
- The suspect was informed of their right to consult with an attorney before and during the interrogation.
- The suspect was informed of their right against self-incrimination before the interrogation.
- The suspect both understood and voluntarily waived those rights.
When Is Miranda Warning Not Required?
It is critical that every person also understands when a Miranda warning is not required. If a person – whether they are a suspect or not – is not in police custody at the time of questioning, police are not required to Mirandize them. This is why many officers will avoid placing a suspect in custody and tell that suspect they are free to go at any time. It is not uncommon in these situations for the suspect to let their guard down and make an incriminating statement that can be used against them as evidence if they are eventually charged with a crime.
If the police want to speak to you about a crime, even if you have not been charged, contact a San Francisco, CA criminal defense lawyer from The Hallinan Law Firm first. Call our office today to schedule a free consultation.