What Are The Rights Covered in a Miranda Warning?

Criminal procedurals on TV and in films always invoke the Miranda Warning in their scenes, whether or not it actually applies to the situation. There is also a wide variation in the way it is portrayed, with some inaccuracies here and there. Nonetheless, the format remains mostly the same.

It is easy to forget that invoking the Miranda warning follows certain rules and procedures to be legally binding. While every state has a variation in the format, they all cover the same general rights for the defendant. Let’s look at what rights are covered in a Miranda warning in Las Vegas.

Remaining Silent

This is the most popular part of the Miranda warning that people can recognize from pop culture. Simply put, the defendant can choose not to speak to the authorities while being interrogated. The right to silence protects defendants against answering questions that would potentially ruin their future defense attempts in court.

Incriminating Words

Any words uttered by a defendant can and will be used against them in court. As such, the Miranda warning informs the defendant that they can choose to stay silent as a right to avoid self-incrimination. If the defendant chooses to waive this right, the authorities can record nearly everything they say during the entire process and it can be entered in court as evidence against them during hearings.

Legal Support

The law ensures that a defendant can have equal representation in court. As such, a defendant can ask for a lawyer as soon as their Miranda rights are read to them. This also means that they can choose to not speak unless in the presence of a competent attorney. This particular right also ensures access to a public attorney if a defendant does not have the means to pay for their own lawyer. The defendant can choose to waive this right and represent themselves in the hearing, however.

The Miranda rights are an important aspect of the criminal justice system that must be remembered by all. Keeping its covered rights in mind will give you a better chance to defend yourself in court in the event that you get charged with a crime.

What Makes You Eligible for Felony Probation in Las Vegas?

So you’ve been convicted of a felony in Las Vegas. You’re not too keen on spending time in prison, but it’s one of your sentence penalties. Thankfully, your defense attorney believes that your case is eligible for a felony probation, if you can request one from the court.

Nevada law grants people convicted of felonies to avail of probation for their cases. However, the state is very strict about the requirements before it can approve any applications. Three of the most important factors are listed below.

Not a Violent Crime

Violent crimes are automatically marked as higher-category felonies. A crime counts as a violent crime if a victim was severely wounded or killed during the act. Any defendant convicted for a violent crime becomes ineligible to apply for felony probation.

There are many felonies that are not violent, but not all of them are fully eligible for probation. In addition, some non-violent felonies may also be prohibited from application if they go beyond a maximum limit, or if the charge goes to federal court. Examples of non-violent felonies include:

• Property crimes like larceny and embezzlement
• White collar crimes like tax fraud
• Drug crimes

Ask your lawyer about whether or not your non-violent crime can be eligible for probation.

Clean Sheet

Applying for a felony probation is harder for defendants who have a criminal record prior to their current conviction. A prior record means that the defendant may reoffend while outside prison. As such, courts tend to automatically deny probation requests from such individuals.

The court expects a defendant to be trustworthy enough to be given a bit more freedom while serving their sentence; having convictions from earlier charges can complicate things. If it is your first conviction, chances are the judge will be a bit more lenient about your request to serve out the rest of your term under probation.

No Lethal Weapons

As stated earlier, you’re going to have a hard time applying for a felony probation if you committed a violent crime. What makes the process more difficult is if the crime also involved a deadly weapon. This further escalates the crime into a higher level of felony. Murder and aggravated assault are common examples where deadly weapons are involved.

Applying for a felony probation can make your time serving a conviction easier, and with good behavior can even lead to a shorter sentence. Of course, that still depends on the severity of your crime. Ask your Las Vegas defense attorney about what circumstances apply to your case.