Orland Park Miranda Warning Lawyer

Attorney Helping Defendants Protect Their Rights After Being Arrested

People who are arrested and charged with crimes have certain rights that must be protected. This includes the right to remain silent and the right to be represented by an attorney. However, protecting these rights can sometimes be difficult, which is why it is crucial to contact a criminal defense attorney as soon as possible after an arrest. At Issa Law, LLC, we fight to protect our clients' rights and ensure that they can defend against criminal charges effectively.

Understanding Miranda Rights

We have all heard the famous "Miranda warning," which is often repeated in TV shows, movies, or even songs. When a person is arrested, officers are required to inform them of their right to remain silent and their right to legal representation by an attorney. However, contrary to how these warnings are portrayed in the media, they are only required at a certain juncture following an arrest, not every time a police officer speaks to a person. The Miranda warning stems from a landmark U.S. Supreme Court decision in Miranda v. Arizona. In order for statements that a person has made to law enforcement officers to be used as evidence against them in court, the statements must comply with the Fifth Amendment's prohibition against self-incrimination. The Court realized the inherently coercive atmosphere of police interrogations, and in order to address these situations, it required that the person subject to questioning must be informed of their rights.

When establishing Miranda rights, the key phrase used by the Supreme Court is "custodial interrogation." Miranda warnings will only be required when a person is subject to an interrogation while in the custody of law enforcement. Over time, courts have defined custody as a formal arrest or something similar. They have also found that interrogations must involve questions expressed by police officers or similar methods used to obtain information from a person. Because Miranda rights are meant to counteract the coercive atmosphere of custodial interrogations, Miranda warnings are only required in official interrogations conducted in specific situations. Additionally, warnings are only required when there is some express questioning or when a question or action is likely to elicit an incriminating response.

If a person is engaging in a casual conversation with a confidential informant, their statements could be used against them in court, because Miranda rights would not apply in a situation that is not a custodial interrogation. Police officers may take advantage of this, and they may attempt to gain information from a suspect who does not yet have an attorney.

The legal issues related to the Fifth Amendment and Miranda warnings have evolved greatly since the Supreme Court's landmark decision. There are many other issues to address when a person is under police investigation. For example, other evidence seized (such as guns or drugs) as a result of a person's statements can still be used against that person in court, even if these statements violated their Miranda rights. The long and complex history of cases related to police questioning demonstrates why people who are being investigated by law enforcement should discuss their case with an attorney before answering any questions or giving any information to police officers.

Contact Our Joliet Criminal Defense Lawyer

If you have been arrested, you have the right to an attorney, and Issa Law, LLC can help you protect yourself and take steps to defend against any criminal charges you may face. Contact us at 708-966-2408 to set up a consultation.