What It's Like To Be...
A Criminal Defense Attorney
Oct 15, 2023
A criminal defense attorney discusses the misconceptions about defense attorneys and the portrayal of Miranda rights. They highlight the importance of representing accused individuals and share insights into interesting cases, including a man charged with burglary for breaking into his own house. They also explore the challenges and rewards of being a criminal defense attorney.
27:38
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Quick takeaways
- Miranda rights are only required during a custodial interrogation if the suspect is not free to leave, debunking the misconception perpetuated by TV shows like 'Law and Order'.
- Defense attorneys play a vital role in providing context and a voice for clients, regardless of guilt, emphasizing the importance of advocacy for individuals accused of crimes.
Deep dives
The Misconception of Miranda Rights
In this podcast episode, criminal defense attorney Mike Penella debunks the misconception surrounding Miranda rights and explains that they are only required during a custodial interrogation if the suspect is not free to leave. He shares a recent case where a client believed their Miranda rights were violated due to watching TV shows like 'Law and Order'. Penella emphasizes that defense attorneys are important advocates for individuals accused of crimes and highlights the importance of providing context and a voice for clients regardless of their guilt. He also discusses the emotional toll and the need for self-care among defense attorneys.
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