What Are Your Rights When Arrested?

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.

Right to Remain Silent

Before you are interrogated by police, they must inform you of your constitutional rights. This is known as the Miranda warning, a requirement put in place by the Supreme Court case Miranda v. Arizona. The right to remain silent is also known as the right against self-incrimination. You do not have to talk to police if they have not arrested you.

Right to Legal Counsel

Another Miranda right is the right to legal counsel, which must be relayed to you before you are interrogated by police. You are not required to speak to the police without your attorney present. If you cannot afford to hire a private attorney, a free lawyer must be provided to you before you are required to talk to police. 

Contact a Naperville, IL Criminal Defense Attorney

Being accused of any crime is a serious matter. The course of your life can change in an instant. Depending on whether you have been charged with a misdemeanor or felony, you may face jail time and expensive fines. If you have been accused of committing a crime, contact an experienced Illinois criminal defense lawyer. At Law Office of Glenn M. Sowa, LLC, we will protect your Constitutional rights and do everything possible to avoid a conviction. Call our office today at 630-232-1780 to schedule a free consultation.

Sources:

https://www.govinfo.gov/content/pkg/GPO-CONAN-1992/pdf/GPO-CONAN-1992-10-7.pdf

http://www.icjia.state.il.us/assets/pdf/ResearchReports/Policies_and_Procedures_of_the_Illinois_Criminal_Justice_System_Aug2012.pdf

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