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Archive for the ‘miranda rights’ tag

What Does it Mean to be “In Custody”

April 12th, 2018 at 6:10 pm

in custody, miranda rights, Rolling Meadows criminal defense attorney, self-incrimination, custodial interrogationThe Fifth and Sixth Amendments to the United States Constitution give an individual the right to avoid self-incrimination and to consult an attorney. While these rights are in the Constitution, they were not always enforced or followed strictly.

In the Supreme Court case of Miranda v. Arizona, the Court reinforced that an individual has the “right to remain silent” and to consult an attorney. These rights are more commonly known as your “Miranda Rights.”

If the police take you into custody, they must inform you of your rights. There is no question that the rights must be read; however, the idea of a suspect being “in custody” is a vague term. Custody has come to mean being questioned or interrogated by the police after being taken into custody or otherwise deprived of freedom of action in any significant way.

Ultimately, if you believe your rights were violated by police officers in Rolling Meadows, it is in your best interests to contact an attorney for help. To be sure, a legal professional can potentially use this information as a defense in your case and have the charges against you dropped.

Custodial Interrogation

Being in handcuffs could be a sign that you are being taken into custody, but it is not the only situation in which someone can be considered in custody. Since “custody” is so broadly defined and has a lot of gray areas, the court in criminal proceedings is tasked with determining if an individual was in custody or not. Courts will look to the “totality of the circumstances” to determine if an individual was in suspect. This means that the court will examine a wide variety of factors to determine whether the actions of the police amount to the suspect being in custody.

There are different factors that the court will look to when police are interrogating an individual. These include:

  • Line of Questioning: The court will look to the types of questions asked, who was asking the questions, or if there weapons were present that could be deemed as intimidating a suspect to answer the questions.
  • Initiation of the Questioning: The court will look to whether the questioning was voluntary, who started the questioning, and the physical surroundings of the questioning.
  • Circumstances of Questioning: Both the length of questioning and time of day of questioning are examined by the court.

An Attorney Can Help You Today

If you have been charged with a crime and question if your Miranda Warnings were given properly, The Law Offices of Christopher M. Cosley is here to help. Skilled Rolling Meadows criminal defense attorney Christopher M. Cosley will investigate each element of the arrest and questioning to make sure your rights were not infringed upon.

Sources:

http://www.uscourts.gov/educational-resources/educational-activities/facts-and-case-summary-miranda-v-arizona

https://repository.law.umich.edu/cgi/viewcontent.cgi?referer=https://www.google.com/&httpsredir=1&article=1028&context=book_chapters

Miranda Rights: What They Mean to You

December 13th, 2013 at 3:18 pm

Any television program involving crime will undoubtedly include a scene in which, upon apprehension of a suspect, law enforcement will begin to recite the familiar verse, “You have the right to remain silent.  Anything you say can and will be held against you in a court of law…”  Many viewers can likely repeat the Miranda rights from memory, but may not be aware of their legal significance.

miranda rightsThe Fifth Amendment of the U.S. Constitution provides protection against due process violations for defendants charged in a criminal matter.  This includes the right to protection against self-incrimination. In Miranda, the U.S. Supreme Court extended the protection against self-incrimination to include statements, including confessions obtained outside the courtroom, provided certain circumstances exist. According to the Court in Miranda, officers need to apprise a suspect of his or her rights before custodial interrogation occurs in order for any statements made by the suspect to be admissible as evidence in a future court proceeding.  An officer may not interrogate a suspect until after warnings have been given and the suspect knowingly, intelligently, and voluntarily waives those rights, usually in a signed writing.

The Miranda rights, which must be recited to the suspect, include the following:

  • The right to remain silent;
  • Anything the suspect says can and will be used against them in court;
  • The right to retain counsel and have them present during questioning by law enforcement;
  • The right to have counsel appointed by the court if the suspect cannot afford it.

After these warnings are given, the suspect is free to waive them, or invoke them and request an attorney before any police interrogation takes place.  If they are invoked, questioning must cease. If a suspect initially waives his or her rights and then later invokes them, any questioning must be stopped immediately. Further, a written, valid waiver may be withdrawn at any time if the suspect wishes to continue with interrogation without the benefit of counsel.  The police have the burden of establishing that a suspect has waived his or her rights.

In order for the Miranda warnings to be required, a suspect must be in custody and interrogated by police.  In other words, if police question a suspect who is not in custody, Miranda warnings are not required.  Likewise, if a suspect in custody voluntarily makes an incriminating statement without being questioned by law enforcement, that suspect will probably not be able to invoke the protections afforded by Miranda.

In addition to determining whether a criminal defendant was under custodial interrogation, an additional potential Miranda violation occurs when a suspect’s waiver of his or her rights was not made knowingly, voluntarily, or intelligently.  An experienced criminal defense attorney can listen to the facts of a particular case and explain the implications of Miranda.  If you or someone you know has been charged with a crime in the Chicago, Illinois area, contact us today.  We can discuss your case and advise you of your constitutional rights.

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