You’ve probably heard of Miranda rights before – maybe from watching a cop show or movie. But do you really know what they are and why they’re important? In this guide, we break down what Miranda rights mean in Chicago and why you need to know about them.
What are Miranda Rights?
Miranda rights are a set of rights that police officers have to read to you if they arrest you. These rights include things like the right to remain silent and the right to have a lawyer present while you’re being questioned.
Related: What’s attorney-client privilege?
Why are Miranda Rights important?
Miranda rights are important because they protect your constitutional rights, especially the Fifth Amendment right against self-incrimination. If you’re not informed of your Miranda rights and you say something incriminating to the police, that information might not be admissible in court.
Related: What happens if you get a DUI in Illinois but you’re under 21?
When do Miranda Rights apply?
Miranda rights apply when you’re under arrest and the police want to question you. However, if you’re not under arrest, the police don’t have to read you your rights before questioning you. You also don’t have to stick around for questioning if you’re not being detained – so if the police want to talk to you, your best bet may be to ask, “Am I being detained?” If the answer is no, you’re free to leave.
Related: How to choose the right criminal defense lawyer for your case
What should you do if your Miranda Rights are not read to you?
If the police don’t read you your Miranda rights, you should tell your lawyer about it as soon as possible. However, just because your rights were not read to you doesn’t necessarily mean that your case will be thrown out. The court will consider a variety of factors when deciding whether your rights were violated.
Related: Different types of criminal charges in Illinois – and their penalties
Knowing your Miranda rights can make a big difference if you’re ever in a situation where you’re being questioned by the police. Remember, if you’re not sure about something, it’s always a good idea to talk to a lawyer who can help you understand your rights.
Do You Need to Talk to an Attorney?
If you’ve been accused of a crime, we may be able to help you – and don’t worry: It’s completely confidential. Call us at 847-920-4540 or fill out the form below to schedule your free, private consultation with an experienced and skilled Chicago criminal defense attorney now.