A Few Things You Need to Know About Police Interrogations
A Few Things You Need to Know About Police Interrogations 6/10/2015 0 Comments
Did you know that police officers can and will mislead you during police interrogation in an attempt to obtain a confession? They can tell you that your DNA was found at the scene of the crime (even if it wasn't) or that eyewitnesses have already identified you (even if no one has). They can even tell you that if you cooperate, they will lessen the charges against you or drop charges altogether, even when they have no intention of doing so.
However, as a result of the historic United States Supreme Court case of Miranda v. Arizona, decided in 1966, they can no longer question an individual in custody without first advising them of the following:
- You have the right to remain silent.
- Anything you say can and will be used against you in a court of law.
- You have a right to an attorney.
- If you cannot afford an attorney, one will be appointed for you.
If they fail to advise you of your Miranda warnings while you are in custody or violate them by continuing to question you after you assert your right to remain silent and/or your right to an attorney, the consequences are that any statement you made in violation of Miranda, will result in a suppression of your statement. This means that your statement could not be used against you at your trial. However, suppression of your statement is not automatic, a Motion to Suppress must be filed and a hearing must be held prior to your trial to determine whether your 5th Amendment rights were violated.
Moreover, even if you waive your Miranda rights, if a court determines that officers went too far in misleading you during your interrogation and that your statement was obtained when you were unduly influenced or coerced, we may be able to convince your judge that your statement was involuntary and should be excluded from your trial.
If you feel that you were unduly influenced, coerced, or that your 5th Amendment rights were violated during police questioning, contact Aldrich & Siedlarz Law for a free consultation. Our attorneys are experienced in defending misdemeanor and felony criminal matters, and will always explore whether a pretrial motion, such as a Motion to Suppress, can help you fight, or even beat, the charges filed against you. We are accepting criminal cases in DuPage County, Cook County (including Chicago); Will County, Kane County and Kendall County. We have an attorney who speaks polish.