Just because someone is accused of a crime does not mean that the protections and rights provided to them by the U.S. Constitution do not apply. Criminal suspects have certain rights, which, if violated, can dramatically affect the outcome of any criminal proceedings. The Fifth Amendment to the United States Constitution gives citizens the right against self-incrimination. The Sixth Amendment ensures the rights of criminal defendants, including the right to know the nature of the charges and evidence against you and the right to consult with a lawyer.
You Have the Right to Remain Silent
If you have ever been arrested, you should have heard a version 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?” Specific wording can vary depending on the jurisdiction, but these warnings are generally known as the Miranda Warnings. Before being questioned by police, you must be given these warnings.
Do Not Submit to a Police Interrogation Without an Attorney Present
After a criminal suspect is arrested, police officers often interrogate the suspect. Before doing so, they must recite the Miranda warnings to the suspect and give him or her an opportunity to say nothing during the interrogation. If suspect indicates that he or she is choosing to remain silent, the interrogation must stop. If the suspect requests a lawyer, police cannot continue the interrogation until an attorney is present. It is very important for anyone accused of a crime to have a lawyer present during any police questioning or interrogation. A lawyer can protect your rights and help you avoid incriminating yourself.
While not being “read your rights” does not absolve you of any wrongdoing, it can dramatically affect the outcome of your case. If you are interrogated without being given your constitutional right to remain silent or contact an attorney, anything you said during the interrogation will not be admissible in court.
Contact a Will County Criminal Defense Lawyer
If you have reason to believe that your Miranda Rights were violated, it very important to seek counsel from a qualified attorney. Contact an accomplished Joliet Illinois criminal defense attorney from the Law Offices of Jack L. Zaremba, P.C. Call today at 815-740-4025 for a free consultation.