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Your Miranda Rights and Your Illinois Criminal Charges

Posted on in Criminal Law

Your Miranda Rights and Your Illinois Criminal ChargesAny fan of police dramas or law enforcement reality shows should be familiar with the Miranda warnings: “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 to you by the court.” These warnings – named after the decision in Miranda v. Arizona, which first required these warnings to be given – are a common feature in many Will County criminal cases.

When are Miranda Warnings Required?

However, law enforcement officers do not always give these Miranda warnings. While there may be some consequences to this decision, they may not necessarily be as serious as some criminal defendants might think:

  • Suppression of statements made during a custodial interrogation: If you made statements after you had been placed under arrest or were in a situation in which a reasonable person would not have felt free to leave, these statements may be suppressed – that is, kept out of court – if they were made without the law enforcement officer first reading you your Miranda rights and having you knowingly and voluntarily waive those rights. This may significantly hamper the prosecution’s ability to present a successful criminal case against you.
  • No invalidation of an arrest: However, a failure to read a suspect his or her Miranda rights will not, in and of itself, invalidate an arrest. Probable cause – the amount of information necessary to place a suspect under arrest – very rarely depends upon statements made during a custodial interrogation (by this time, in most cases, the law enforcement officer will have already determined that probable cause exists). In certain rare cases, however, a failure to read a suspect his or her Miranda warnings may play a critical role in determining whether the individual’s arrest was lawful.

Ultimately, though, a law enforcement officer’s failure to read a suspect his or her Miranda warnings may not make any difference at all. If the law enforcement officer’s investigation uncovered objective evidence or the statements of witnesses that suggest you committed a crime, the prosecutor handling your case may be able to proceed with his or her case against you.

How an Experienced Joliet Criminal Defense Attorney Can Help You

Determining what effect – if any – a law enforcement officer’s failure to read you your Miranda rights might have on your criminal charges can require the insight and knowledge of an experienced Joliet criminal defense attorney. At the Law Office of Joel P. Brown, P.C., our experienced criminal defense legal team will thoroughly analyze the evidence and testimony available in your case and create a defense strategy designed to take advantage of failures and oversights committed by law enforcement officers. Depending on the facts of your case, this may result in the reduction or dismissal of your charges. Our dedicated criminal defense team will work hard to help you achieve the most positive outcome possible in your case. Call our office today, or contact us online, to discuss your arrest and criminal charges.

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072500050K114-11

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