Tuesday, September 22, 2009

How it all starts

The first part of any criminal proceeding is always the commission of a crime. You the defendant may or may not have committed the crime. The police or any other executive agency will, generally, not conduct an investigation without a crime having occurred or still occurring. They do not have the manpower or resources to conduct a pro-active investigation. Furthermore, under our system a person cannot be guilty of a crime they have not committed. Criminal law is reactive and punishes actions done.

Once a crime has been committed a number of agencies may get involved in the investigation. Generally it is just the state police, but may include the FBI or ATF to name a few. These executive branch agencies are trained and equipped to conduct extensive investigations into criminal acts.

Lets assume you have been picked up by the police on any number of charges. At this point if you are being arrested the officer must read you your Miranda rights. I urge you to invoke your constitutional right and remain silent and request an attorney. Once you have been arrested a large number of constitutional provisions kick in, which will be discussed in the next posting.

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