Tag Archives: Miranda Rights

St. Charles Defense Attorney

When you are arrested because you are accused of a crime, it can be a frightening experience. There is the uncertainty of what will happen to you, but also a feeling that you have no control of the situation. It is important to remember you do have rights as an arrested citizen. The United States Constitution gives each and every U.S. citizen certain rights when they face criminal allegations.

Innocent Until Proven Guilty

In criminal trials, it is the responsibility of the plaintiff or prosecutor to prove the defendant is guilty, rather than the defendant having to prove they are innocent. It is presumed all defendants are innocent until they are proven to be guilty of the alleged crime. Guilt must also be proven beyond a reasonable doubt.

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Why You Should Exercise Your Right to Remain SilentNearly everyone who has watched Law & Order or Criminal Minds knows about the Miranda warning that the cops give to a person as they are making an arrest. A well-known part of that warning is your right to remain silent. This right stems from the 5th Amendment to the U.S. Constitution. When a police officer questions you about a crime or accuses you of committing a crime, you have the right to avoid incriminating yourself; in other words, you do not have to say anything. In fact, you always should remain silent in this type of situation, at least until you have received legal advice from an experienced Illinois criminal defense attorney. Anything that you do say can be used against you in court proceedings.

What if I Am Innocent?

If you didn’t commit or weren’t involved in the crime for which police arrested you, you still should ask to contact your attorney. All too often, innocent people try to answer questions or proclaim their innocence when confronted by police. In many cases, however, this strategy can backfire, in that you may inadvertently say something that the police interpret as guilt of or complicity in a crime. To avoid this problem, you should consult your attorney before saying anything. Contacting an attorney doesn’t make you look guilty and can help you in the long run. While the criminal justice system is set up to be fair to individuals who are accused of crimes, people make mistakes, and, as a result, individuals have been convicted of and sentenced for crimes that they did not commit.

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commit a crime, Illinois criminal defense attorney, law enforcement interrogrations, Miranda Rights, police interrogation, probable cause hearings, right to counsel, Fifth Amendment rights, Sixth Amendment rightsIt has happened. You have been arrested and are being interrogated by the police. What do you do? Should you say anything? Do you have to answer the questions asked by the police? How do you ask to speak to your lawyer?

Under the Fifth and Sixth Amendments of the United States Constitution, you have the right to have an attorney present at an interrogation conducted by police.

However, many people are not sure how they are supposed to invoke their right to counsel and end up saying the wrong thing, which enables the police to continue the interrogation without your attorney present.

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