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Tag Archives: Miranda rights

Wheaton, IL criminal defense attorneyThere has always been some sort of tension between the general public and authority figures in the United States. The perception of law enforcement can quickly change when events such as police shootings take place or reports of police officer negligence are made available to the public. While an encounter with a police officer can be stressful and anxiety-inducing, it is important for you to know your rights in these situations. Improper actions could result in serious criminal charges, such as resisting arrest or noncooperation. Listed below are a few important facts you should know about interacting with the police:

  • You can get in trouble for resisting the officer. One of the worst things you could do when a police officer stops you is to not cooperate with him or her. After being stopped, it is okay to ask if you are free to go; if the officer says no, that means you are being detained or arrested. Being detained is not the same thing as being arrested, but compliance with the officer is still required. Noncompliance or directly disobeying an officer can result in criminal charges that carry fines or jail time.
  • There are certain questions that you must answer if police ask. Most people know that they have the right to remain silent if a police officer begins to ask questions. However, there are certain questions that may require an answer. For example, if you are detained or arrested, an officer may ask for your legal name, age, date of birth, address, or Social Security number. If you do not provide this information, additional trouble and delays in the arrest process may result.
  • Police must read your Miranda Rights. Although a majority of Americans may be aware of their Miranda Rights, there is often some confusion about the legalities attached to these rights. Police officers will have to read your Miranda Rights, but only after you have been arrested and before they begin to question you. Your Miranda Rights include your Constitutional right to remain silent, a statement that anything you say can and will be used against you, and your right to an attorney.
  • Your right to remain silent is a valuable tool. Once you have been read your Miranda Rights, you are not required to provide any information, even if police try to question you. In many cases, it is best to wait for your attorney before you speak. Any information that is revealed because of force by an officer may be inadmissible in court.

A DuPage County Criminal Defense Attorney Can Further Advise You

Being arrested can turn into a long and complicated process, even if you have not been charged or convicted of a crime. Any arrest will create a criminal record that can be seen on a background check. If you have been arrested in Illinois, you should contact a skilled Wheaton, IL criminal defense lawyer. Violations of proper procedures during an arrest could make any evidence or confession inadmissible. To schedule a free consultation, call our office today at 630-580-6373.

Sources:

https://www.isba.org/sites/default/files/publications/pamphlets/Arrested.pdf

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IL defense lawyerThe Miranda Rights have been around for 50 years, yet many are unsure of the appropriate usage. These rights, also known as the Miranda Warnings, explain to a suspect being placed under arrest what their rights are in the situation. Most officers have presented the statement so many times, they rush through it haphazardly, without giving proper emphasis to allow the receiver to understand the message entirely. Although in television shows and other media all suspects are “Mirandized”, it is unnecessary for some situations. However, if the officer did not read you your rights when they should have, your case may be overturned in court.

What Are the Miranda Rights?

The Miranda Rights are named after Ernesto Miranda, the plaintiff in Miranda v. Arizona. Police accused Miranda of stealing $8.00 from an Arizona bank worker. After hours of grueling questioning, he finally confessed not only to the robbery but also to kidnapping and rape. Police never explained that he had a choice to concede; nor that he could hire an attorney. He was initially found guilty; a ruling which was later appealed when the Supreme Court ruled that the evidence was inadmissible because the officers never made him aware of his Constitutional rights. Since this case, any officer arresting someone for interrogation must recite 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 provided for you. Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me?”

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DuPage County criminal defense attorneys, right to remain silent, Miranda rightsYou have probably seen a crime drama television show where a police officer reads a suspect his or her Miranda rights.

These rights were established in U.S. Supreme Court case Miranda v. Arizona, which was decided in 1966. In that case, the court ruled that anyone suspected of a crime must be informed 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 provided for you. Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me?”

The Miranda warning covers two rights: the right to remain silent and the right to an attorney.

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DuPage County juvenile defense attorney, Illinois juvenile crime lawsNo matter how old children get, parents will seek to protect them and provide them with the best life possible. Therefore, if it is within a parent's power, he or she will want to provide his or her child with the best possible defense when facing a legal battle.

Understanding the laws surrounding one's criminal allegations is imperative to any successful defense strategy, and as of January 1, 2017, a new round of legislation will take effect regarding juvenile defenses.

Expungement Changes 

At any age, even small charges remain on a criminal record no matter the outcome of the case. Criminal accusations can dramatically alter the life of a teen, potentially preventing future employment opportunities and lessening the probability of a degree in higher education. However, with the new year, new possibilities are available to erase the dark marks through expungement. Certain criteria must be met to qualify, including:

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Wheaton criminal defense lawyer, exercising your rightsWhen confronted by law enforcement, many people worry about exercising their rights—they do not want to "look guilty." However, this is the wrong way to look at one's rights. Once you better understand what your rights are and why they are important, the better prepared you will be if you are ever investigated or arrested for a crime.

Understanding Law Enforcement’s Perspective

The police and other law enforcement agencies are charged with upholding the law. Part of their job is to investigate crimes, arrest the suspected criminals, and collect evidence for prosecutors to use in a criminal trial.

When you are contacted by law enforcement, you do not know if they are investigating a crime or collecting evidence. Law enforcement officers do not have to tell you if they think you are guilty of a crime.

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Abraham Lincoln A lawyer’s time and advice are his stock and trade. -Abraham Lincoln
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Davi Law Group, LLC handles criminal law matters for clients in Chicago and throughout the western suburbs including DuPage County, Will County, Kane County, Kendall County and Cook County and the cities of Aurora, Bloomingdale, Bolingbrook, Carol Stream, Darien, Downers Grove, Elmhurst, Geneva, Glen Ellyn, Hinsdale, Joliet, Kendall County, Lisle, Lombard, Naperville, Oak Park, Oak Brook, Oswego, Park Ridge, Roselle, St. Charles, Villa Park, Warrenville, Wheaton, Winfield, Woodridge and Yorkville.

 

 

 

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