A hot topic of late is the sentence received by former State Senator Vincent Fumo.  After being convicted of multiple felony counts, Fumo received a sentence below the standard guidelines.  Steven F. Fairlie, Esquire voiced his opinion in an article that can be viewed at http://www.pennlive.com/midstate/index.ssf/2009/07/fumos_sentence_sends_message_t.html

Were you ever cited for Underaged Drinking, Disorderly Conduct, or other similar “summary criminal offenses”? Would you like to remove that embarrassing and unsightly blemish from your record? Until recently, the answer was that such convictions were effectively permanent, as they could only be expunged if you were over 70 years of age AND met other criteria, or if you had been dead for three years. Pennsylvania’s legislators were sympathetic, however, and recently passed a new law providing for expungement of Underaged Drinking convictions upon attaining the age of 21. Other summary offenses may be expunged after five years have passed without new new offenses. Please contact us for details if you are interested in filing for expungement as this must be handled by filing a Petition in Court.

“You have the right to remain silent.  Anything you say can and will be used against you.  You have the right to an attorney.  If you cannot afford an attorney, one will be appointed to you.”

We have all heard these rights before…whether it be from watching Cops, Law & Order, or from personal experience.  Legally, they’re called “Miranda Warnings”.  But what do they really mean?  Clients often complain that a law enforcement offer never read them their rights.  People think that alone should be a technicality which gets the client off the hook from any criminal responsibility.  Sorry to report, that just isn’t the case.

Here’s the deal…Miranda warnings have to be read to someone who is 1) in custody and 2) being interrogated.  That means two elements must be present in order for the warnings to kick in - custody and interrogation (or questioning).  When one of those elements is not present, then an officer need not read you your Miranda warnings, and that is acceptable (in most cases, that is.  The law is fluid, so there are always exceptions).

Should an accused be in custody and questioned without being given the Miranda warnings, then the statement should be suppressed or excluded from being entered into evidence.  BUT, if an accused is not being questioned, and simply says things spontaneously, then those statements are admissible, even in the absence of the Miranda warnings.  Similarly, if the Commonwealth can establish that the accused was being interrogated, but was free to leave, or not in custody, then there is no need for the Miranda warnings.

Something everyone should keep in mind is that you NEVER have to talk to law enforcement.  You have an absolute right to remain silent.  No one can force you to give a statement.

As always, the above is not intended as legal advice, rather to inform the public of some nuances of the law.  Should you have any legal questions, do not hesitate to contact the Law Office of Fairlie & Lippy.