Everything You Wanted And Need To Know And More About Miranda Warnings

By Author: Andrew Weisberg
Total Articles: 5
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Everything You Wanted and Need to Know and More About Miranda Warnings

As a criminal defense lawyer in Chicago, Illinois, I get calls every day from individuals that have been arrested and charged with various crimes. I always begin by allowing the prospective client to explain what happened to them and how they ended up in a position where they are now looking to hire a criminal defense attorney. The most common thing I hear as I listen to a client explains his/her case is, “The police never read me my rights.” If you watch television, you understand why the issue of rights is front of mind for almost everyone that is arrested. On television, as soon as a police officer places a suspect under arrest, they immediately read the person their rights. Therefore, in the real world of criminal justice, when a person is arrested, they are surprised and often angered when the officer “neglects” to read the person their rights. In reality, police are not required and in fact should rarely ever read a suspect their rights upon arrest. In this article, I will discuss the situations in which the rights must be read ...
... to a suspect.

To begin with, these rights that we all see on television are known as Miranda warnings. The name comes from the 1966 Supreme Court case of Miranda v. Arizona. This was the case that established the requirement of police in certain situations to inform a suspect of certain rights. Prior to this case, there was no such requirement nor is there any mention of these rights in the Constitution. What are these Miranda warnings that must be given in certain situations? Generally speaking, the officer must inform the suspect that: (1) they have the right to remain silent, (2) that anything they say may be used against them in court, (3) that they have a right to have an attorney present during any questioning and (4) that if they cannot afford an attorney, one will be appointed to them at no cost. The officer then asks the suspect if they understand these rights and whether the suspect wishes to speak to the police about the case in question.

Now that we know the Miranda warnings, the question becomes when they must be given. In order for the Miranda warnings to be required, two things must be true. First, the suspect must be in police custody. In other words, the suspect is not fee to leave. Second, the police officer must intend on questioning the suspect. Unless the suspect is both in police custody and about to be interrogated, there is no need for the police officer to read rights to the suspect.

What happens if a person is in custody, they are questioned by police, but the police fail to read the suspect their rights under Miranda? This does not mean that the case must be dismissed. The only consequence is that statement given by the suspect will not be allowed to be used at trial against the defendant. In some cases, this is of little consequence. In other words, if there is a mountain of evidence against a suspect, the prosecutors can likely win a case without use of the defendant’s confession. However, in a close case, a prosecutor’s inability to use a defendant’s confession might result in a finding of not guilty. Unfortunately for criminal defense lawyers, police are trained with regard to Miranda warnings and getting statements dismissed is not an everyday occurrence.

If you or a loved one has been arrested and charged with a crime in Chicago or the suburbs, it is critical that you contact an experienced criminal defense lawyer immediately. A skilled criminal lawyer will ensure that your rights are protected and fight hard to defend your liberty.

At The Chicago Criminal Defense Law Firm, we represent individuals accused and charged with a DUI, Drug Crimes, Assault & Battery, Felonies, Burglary, Shoplifting, Traffic Violations, or any criminal offense. A former felony prosecutor Chicago Illinois Criminal Attorney fully understands every aspect of the law and is committed to providing aggressive representation to each and every client.