Criminal Defense Attorney | Criminal Defense Law

Blog Published By Kenneth Padowitz, P.A.

‘Juvenile Crimes’

Should Kids Be Allowed to Waive Miranda Rights?

Miranda Rights The chances that you have heard a version of the Miranda Rights are high. You do not have to be a crime suspect to have heard it, thanks in part to criminal TV shows and their ubiquitous Miranda warnings read aloud by police officers to criminal defendants as at the time of the arrest. The Miranda Rights starts with the famous “You have the right to remain silent…” Judging by the popularity of the statute, it would appear that most people understand what the Miranda rights actually protect. Wrong. The plain meaning of the Miranda Rights sometimes gets lost. The various ways that law enforcement word Miranda warnings around the country often compound the loss in meaning. Protection Offered by the Miranda Rights By law, a law enforcement officer should read the Miranda rights to the suspect at the time of his or her arrest. The major benefits include: That it is not a must to speak to the police That you are permitted to have an attorney advocate on your behalf at all times of the police interrogation—before, during, and after A… Read More

Seventh Graders “Prank” Leads to First Degree Felonies Arraignment

These days, the law and an increasing number of people are less forgiving of bad behavior from children, especially behaviors that objectively carry the criminal tag. If it says anything, it is that the responsibility and liability bore by the young in our society for their behavior is getting heavier. Chain of Events A small group of 12 year olds learned this the hard away after a “prank” led to their arrests and subsequent arraignment for first-degree felonies. It all started when one of the girls poured glue into the backpack of a classmate. The teacher found out and disciplined the girl accordingly. This did not go down well with the girl who upset by the teacher’s discipline, embarked on a retaliatory mission. She enlisted the help of two of her friends who distracted the teacher while she spiced the soda can of the teacher with red pepper flakes. When the teacher drank from the can, she found herself coughing and sputtering. Furthermore, the teacher emphasized that she “choked,” had “shortness of breath,” experienced “stomach pains,” and had an “agitated, sore throat.” Consequently, the teacher… Read More

Search And Seizure | Appeals Court Decision

The Search and Seizure Law | When Does It Apply? The Fourth Amendment of the Constitution protects its citizens by placing limits on the power of law enforcement to search people and their property, seize objects, or make arrests. These checks and balances are put in place to ensure that we as American citizens have the right to a certain degree of privacy. The Fourth Amendment protects us against any unreasonable searches and seizures by the government, both state and federal law enforcement. If there is probable cause of a crime committed, or a Judge has issued a warrant, police may override your right to privacy and conduct a search of you or your property. As long as an individual has a legitimate expectation to privacy, the Fourth Amendment applies and is there to protect you. Unfortunately, the meaning of what is written in the constitution and it’s amendments, is up to interpretation. Unreasonable, and legitimate expectation to privacy can mean completely different things to two individuals. This is where the important role of the judicial branch of the government comes in; to interpret the… Read More