You might hear snippets of Miranda Rights in TV shows and movies, but these cinematic examples are often abbreviated and sometimes misleading.
Understanding your Miranda Rights as an Illinois citizen is imperative to protecting yourself and your interests. Here is what you need to know.
What are Miranda Rights?
Miranda Rights, also known as a Miranda Warning, are legal protection to keep you from incriminating yourself after arrest. By law, you have a right to stay quiet in an interrogation, and you have a right to legal representation. Authorities must give you a Miranda Warning, except in some situations when public safety is at risk. If the police do not Mirandize you, the court may not be able to use what you say against you.
When does the reading of Miranda Rights occur?
Despite common film portrayals, police do not always read Miranda Rights during an arrest. However, they must read them to you between your detention and interrogation. The reading of these rights must always come before the interrogation.
Does a Miranda Warning apply to minors?
Illinois uses a simpler Miranda Warning that helps reduce misunderstandings and the unintended waiving of rights to address minors. After reading the Miranda Rights for Minors form, authorities must specifically ask the child if the child wants to talk with them and if the child wants a lawyer.
Having an experienced attorney present during questioning can help prevent you or someone you care about from self-incrimination. After arrest, inform the authorities that you require legal representation before they ask you any questions.