Understanding Your Miranda Rights in Illinois

 Posted on May 12,2015 in Criminal Law

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.

No Miranda Warnings, Is My Case Dismissed?

If law enforcement fails in its duty to properly advise or "mirandize" an individual in custody, whether or not the case will be dismissed depends on the total evidence available. If the case is built mainly using statements that the individual gave without a proper notice of Miranda warnings then those statements could be deemed inadmissible and possibly trigger a dismissal. If the case is mostly based on other evidence, then it is unlikely that the case will hinge on the lack of proper notice of Miranda Rights.

If You Are Arrested

There are four critical words to know whenever you have been given Miranda warnings and they are, "I want a lawyer." This is an important sentence for anyone taken into police custody. Additionally, individuals in police custody should remember that despite what the police investigators may say, they are not necessarily concerned with your best interests.

If you are charged with a crime, only an attorney can help you. Scott Anderson is DUI criminal defense attorney with over two decades of experience defending clients in the Illinois criminal justice system. Our team is proud to represent clients facing criminal charges in Cook, Lake, DuPage and McHenry Counties. Please call 847-253-3400 to schedule an initial and complimentary consultation today.

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