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Marsh Halberg

Marsh Halberg

"Attorney of the Year" (Minnesota Lawyer 2011)

"Top Six Criminal Defense Attorneys" (Mpls/St.Paul Magazine)

"Super Lawyer" (1997-Present)

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Tina Appleby

Tina Appleby

Achieved jury acquittals / case dismissals / successful resolutions in over 2,000 cases

"Top 100 National Trial Lawyer"

"Who's Who in Criminal Law"

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Lucas Dawson

Lucas Dawson

"Super Lawyer Rising Star 2017, 2018 and 2019

Requested speaker at Minnesota CLEs

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Zach Graham

Zach Graham

J.D. St. Thomas School of Law, cum laude

Achieved successful outcomes for clients in district court and on appeal

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Eric Nelson

Eric Nelson

"Rising Star" from 2004-2013

"Super Lawyer" 2014, 2015 2016, 2017, 2018, and 2019

Named one of the "TOP 40 UNDER 40" by the National Trial Lawyers' Association

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Doug Hazelton

Doug Hazelton

"Best Lawyers in America" (2008-Present)

"Super Lawyer" (2008-Present)

Author Minnesota DWI Handbook (West Publishing)

Author Minnesota DWI Survival Guide

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Jeremy Kaschinske

Jeremy Kaschinske

One of a handful of MN defense attorneys certified on DataMaster, DMT (MN's current breath-testing device)

Contributing Author to Minnesota DWI Deskbook

"Super Lawyer Rising Star" 2014, 2015, 2016, 2017, and 2018

TOP 10 Under 40 for the State of MN

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Debbie Lang

Debbie Lang

2012, 2014, 2015, 2016 and 2017 "Super Lawyer Rising Star"

"Top 100 National Trial Lawyers" by the National Trial Lawyers' Association

1 of 50 Minnesota Society for Criminal Justice Members

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Dave Risk

Dave Risk

Eight-Time Award Winner of "SuperLawyer - Rising Star"

J.D. William Mitchell College of Law magna cum laude graduate

2014, 2015 and 2016 "Super Lawyer"

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Christina Zauhar

Christina Zauhar

Member of Minnesota Women Lawyers

Member of the Minnesota State Bar Association

Contributing Author to Minnesota DWI Deskbook

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Miranda Rights in MN


HomePractice AreasBlogs - Miranda Rights

They Never Read Me My Rights!

A complaint we often hear from our cleints is that they were notgiven a Miranda warning even though the officer may have asked questions that elicited incriminating respoinses.

Both the United States and Minnesota Constitutions protect individuals from compelled self-incrimination – statements made by a suspect during a custodial interrogation. These statements can only be used as evidence against an individual if they were preceded by a Miranda warning from police. The standard Miranda warning reads:

“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me?”

A Miranda warning is triggered only if the person is in police custody and subject to interrogation. ‘In custody’ means that a reasonable person under the circumstances would believe that he or she was under the control of the police to the same degree asthey would be in a formal arrest.

Factors courts consider to suggest that a person was in custody include interviewing the suspect at the police station; restraining the suspect’s freedom of movement; the presence of multiple officers; or a gun pointing at the suspect.

Factors suggesting a person is not in custody includequestioning the suspect athome; informing the suspect that he or she is not under arrest; being free to leave; brief questioning by the police; the ability to leave at any time; a nonthreatening environment; and the ability to make phone calls.

Generally, Miranda will not apply when police first arrive at a crime scene and ask questions about facts surrounding a crime or other general questions. This is because the compelling atmosphere of in-custody interrogation is not necessarily present in these circumstanes.

Similarly, Miranda does not usually apply to traffic stops because these encountersare generally temporary, brief, and conducted in public.

Accordingly, roadside questions such as “are you the driver?", "have you been drinking?", or "how much did you drink tonight?" are all examples of general on-site questioning that may lead to incriminiating answers but do not require a Miranda warning.

If you find yourself being questioned by the police, you need a criminal defense attorney with deep legal knowledge and a willingness to fight on your behalf in any court.At Halberg Criminal Defense, our team approach puts the firm’s collective knowledge and experience in your court. Our attorneys are available 24-7 — Call us at 612-DEFENSE (612-333-3673).

Contact us for a free consultation

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