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Lexington, KY 40507
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​A Defense Attorney Answers 3 Common Criminal Law Questions July 17, 2015

Gratz Park, Lexington-Fayette Central
​A Defense Attorney Answers 3 Common Criminal Law Questions, Lexington-Fayette Central, Kentucky

When you’ve been arrested and charged with a crime, there’s a lot at stake. To add to your confusion, you will need to familiarize yourself with criminal law terms. By hiring a criminal attorney, like the skilled lawyers at Thompson Law Office in Lexington, the process becomes much easier, and common questions are answered right away.

Some of the top criminal law FAQS include :

What are the main differences between a misdemeanor and a felony? According to Thompson Law Office, the hallmark of a misdemeanor is a sentence of less than one year’s imprisonment, while felony offenders typically serve one year or more in prison. Misdemeanors are tried in a district court, and felonies are handled in a circuit court.

If Miranda rights weren’t read at the time of my arrest, is my case automatically dismissed?  The reading of rights pursuant to Miranda v. Arizona, only applies in the context of a “custodial interrogation.” What constitutes being in “custody” and what constitutes an “interrogation” is a question to be addressed on a case by case basis. In most cases, if a reasonable person would not believe they had a right to leave, then the court will determine the individual was “in custody” and rights should have been read. A detailed exploration of your case is necessary to determine if Miranda rights should have been read. However, the short answer is no, a case is not automatically dismissed because Miranda rights were not read.

What happens if I refuse a breathalyzer test? Kentucky’s law states that each time a licensed driver gets behind the wheel, they are agreeing to a blood, breath or urine test when requested by an officer. Nevertheless, you can refuse the test, but not without consequences. The most common repercussion after a refusal would be a license suspension for up to six months. The bonus though is that if you’re facing a criminal charge like a DUI, this denial gives you the upper hand since no additional evidence can be used against you.

For more information criminal law, consult with criminal lawyers at Thompson Law Office by calling (859) 280-2222 and set up an initial consultation.

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