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Rolling Meadows, IL Traffic Ticket Lawyer

When you see flashing red and blue lights in your rearview mirror and you realize they are flashing for you, it can be a sickening, sinking feeling. Being pulled over by police can be an intimidating experience, even if you have no reason to be worried. It has been proven that most people will do what a police officer tells them for the sole reason that the officer is wearing a uniform, even if they do not believe it is the right thing to do. It is extremely important to remember you do have rights when you are pulled over by a police officer.

Rights When Speaking to Police

Most people have heard about the right to remain silent, but is that always your best option? Sometimes, if a police officer is asking you questions, it is not in your best interest to keep quiet. The right to remain silent is intended to keep you from self-incrimination, but there are other ways to do that. If an officer begins to question you, try answering their question with a question, such as, “Did I do something wrong?,” or, “Am I free to leave?” 

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miranda rights, police custody, Illinois criminal defense lawyerTechnically speaking, you are not given your Miranda Rights by having them read to you; you already have your Miranda Rights as a U.S. citizen. The term Miranda Rights has its origins in a 1966 U.S. Supreme Court Case known as Miranda v. Arizona. The court’s ruling gives anyone in police custody or facing potential criminal charges to be advised of their right against self-incrimination. The right to be protected against self-incrimination is also an element of the 5th Amendment of the U.S. Constitution.

If you are taken into police custody, what you are required to be given is a Miranda warning about those rights. The Miranda warning must include the following information:

  1. You have the right to remain silent,
  2. Anything you do say may later be used against you,
  3. You are legally entitled to speak with an attorney,
  4. If you are unable to afford an attorney, one will be provided for you at no cost.

The main the purpose of the Miranda warnings is to let an individual know that if they are in police custody, they have the right to remain silent. This must be communicated clearly to the individual prior to any questioning by law enforcement.

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