回复:我也不太明白,律师说是一个constitutional right,

来源: apt 2012-02-15 12:10:47 [] [博客] [旧帖] [给我悄悄话] 本文已被阅读: 次 (1058 bytes)

Normally, a court must notify you, in writing, that the nature of your proceeding, your right to confront and cross-examine witnesses, your right to subpoena witnesses at your own expenses, your right to hire a counsel at your own expenses. This is mandatory in a criminal proceeding. When you go to a court, the bailif should give a print out to state the above and ask you whether you understand and ask you to sign the paper as well. This is not typically read out to you by a judge, but toally depends on your court.

If the court has not done so, then yes you have a ground for appeal.

Right to lawyer, right to remain silent, are part of Miranda rights, which have nothing to do in a court proceeding. Miranda rights are read out to an accused by the poilce who made the arrest. If the accused is not properly mirandized,everything the accused said to the police and as a result, physical evidence found, will be excluded in the criminal proceeding against the accused, unless they fall into exceptions.  

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Thanks for explaining this to me. -名花有主- 给 名花有主 发送悄悄话 名花有主 的博客首页 (250 bytes) () 02/15/2012 postreply 12:54:03

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