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Arlington Heights criminal defense attorney Miranda rightsIn 1966, the United States Supreme Court made a landmark ruling in the case of Miranda v. Arizona when it made a decision on how suspects are to be informed of their constitutional rights when they are arrested on felony or misdemeanor charges. Ernesto Miranda was arrested in 1963 on suspicion of kidnapping and rape. After a long interrogation, Miranda confessed to the charges and signed a statement that his confession was made willingly and knowingly and that he understood his legal rights. When his case went to trial, his lawyers discovered that he had not, in fact, been informed of his constitutional rights to remain silent, to be represented by a lawyer, and to have that lawyer present during the interrogation. This Supreme Court ruling is one of the most famous cases in U.S. history, and it has changed the way arrests and interrogations have been handled ever since.

Miranda Rights Are Constitutional Rights

Because of Miranda v. Arizona, police officers are required to inform you of your rights before they begin an interrogation. Though some police departments may use different wording, the basis of the statements must be the same. Most police departments will use a version of the following: “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 appointed to you. Do you understand the rights that I have just read to you?” It must be established that the suspect is aware of his or her rights before any interrogation can occur.

Misconceptions About Miranda Rights

The point of the Miranda Warning is to inform suspects of the rights that are granted to them by the United States Constitution. This includes the right to protection against self-incrimination and the right to legal counsel. Some people have misunderstandings about their Miranda rights and what that means for their criminal cases.

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Arlington Heights murder defense attorneyDuring normal conversation, words that have more than one meaning are often used interchangeably, such as robbery, theft, and burglary. In general, these words mean the same thing, but in a court of law, they all have very different meanings. The same goes for homicide, murder, and manslaughter - they tend to have a similar meaning in everyday life, but they all have different definitions and carry very different sentencing terms when used in a legal setting. A person who is charged with first-degree murder will be facing much more serious consequences than a person who is charged with involuntary manslaughter.

Homicide

When you are talking about homicide in a law setting, it simply just means the act of one person killing another person, which may or may not be illegal, depending on the circumstances. For example, if you use deadly force against someone because they attempted to commit a forcible felony (like robbing your home or committing an assault), your actions may not technically be illegal because of Illinois laws regarding justifiable use of force.

Murder

Murder is the term that is used when an unjustified killing is committed. It is broken down into degrees:

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IL defense lawyerThe majority of drivers in the United States will experience being pulled over by police at least once in their lifetime. With flashing lights behind you and a feeling of sinking dread in your stomach, being pulled over can be an anxiety-ridden experience. If you have never gone through a traffic stop before, you may not know what to do, and when we do not know what to do, we resort to instincts, which may not always be proper actions. Knowing what you should and should not do when you are pulled over by police may just prevent you from getting a costly traffic ticket.

  1. As soon as you see an officer flash his lights or sirens at you, you should begin to slow down and pull off on the right-hand side of the road. If there is no shoulder on the road, or it is too narrow to stop on, you should put your hazard lights on to signal to the police officer that you acknowledge that he is pulling you over and find a safe spot to stop.
  2. Once you are stopping, you should remain in your vehicle. Do not get out of your vehicle unless the officer asks you to do so. If you do get out of your vehicle, the officer may see this as aggressive behavior and a threat to his or her safety.
  3. You should roll your window down completely and place both hands so they are visible on the steering wheel. This allows the officer to see exactly what you are doing.
  4. When the officer reaches your window, he or she will ask for your license, registration, and proof of insurance. If you do not have these documents readily handy, you should tell the officer that you are reaching to your glovebox or underseat compartment to get them.
  5. You should answer any of the police officer’s questions in a polite and truthful manner. Even though you may be upset you are pulled over, you should be respectful to the officer.
  6. If the stop results in a ticket or an arrest, you should not argue with the police officer over why you were stopped or be uncooperative with the officer’s instructions. If you are being pulled over because of suspected DUI, you should comply with the officer’s request for chemical or field sobriety tests.
  7. Even if you believe the issuance of a ticket was unfair or unwarranted, you should not argue with the officer over the ticket. You will have the chance to present your side of the story at traffic court and explain why you think the ticket was unfair.

Get Representation from an Arlington Heights Traffic Ticket Defense Attorney

If you have ever been pulled over by police before, you know how upsetting it can be. You could follow all of these tips, do everything right and still be issued a ticket. If you have been issued a ticket for a serious traffic offense, it could adversely affect your driving record and carry a fine or even a possible license suspension. Getting a traffic ticket means that you should get immediate help from a Cook County traffic ticket defense lawyer. Scott F. Anderson, Attorney At Law, can help you plead your case in traffic court and fight to prevent a conviction. Call the office at 847-253-3400 to set up a consultation.

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IL defense lawyerAlcohol is not a new invention--National Geographic states that the Chinese were making a type of alcohol as long as 9,000 years ago. Humans have loved alcoholic beverages for thousands of years, and while the beverages themselves have been refined and the way humans use alcohol has changed, such as the prevalence of DUI’s, the effects that it has on us has not changed. Here are five interesting facts about alcohol and the human body:

  1. Moderate Drinking Can Be Good for Your Health

A study that was recently concluded at the University of Sao Palo’s Biomedical Science Institute in Brazil has finally pinpointed the enzyme that allows moderate alcohol use to benefit your heart. Scientists have proposed that alcohol has certain health benefits for years, but now the specific reason why has been discovered. The study showed that when alcohol is consumed in moderate amounts, it can help rid the body of aldehyde, which is a toxic byproduct of alcohol digestion, but also a byproduct of stressed heart cells, such as those from a heart attack.

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IL defense lawyerAn Illinois man has pleaded guilty to sexually assaulting a woman that he met at a nightclub in August 2017. The man was sentenced to probation last week after he pleaded guilty to a lesser charge of aggravated criminal sexual abuse and not criminal sexual assault, which he was originally charged with.

The Case

According to police, the man and another man, both residents of Arlington Heights, met the woman and two of her friends at a club in Lake in the Hills. The group left the club and went to the woman’s Crystal Lake house where the man forcibly performed sex acts on the woman, who said he held her down during the acts. The woman also stated that the men stole several pieces of jewelry that amounted to more than $500.

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