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Failure to read Miranda Rights a violation of your rights

On Behalf of | Jan 16, 2024 | Drug Crimes |

If an Illinois police officer suspects that you have been involved in a drug crime, it is likely that he or she will ask you some questions to gather as much information as possible regarding the alleged crime. If you are arrested, the officer may continue to interrogate you at the police station.

Many people are nervous in the presence of authority and are afraid to refuse to answer questions asked by police officers. As a result, they end up incriminating themselves or getting pressured into admitting to things they did not do. It is likely in your best interest to be polite and respectful but avoid speaking to police as much as possible without your attorney present.

Miranda rights violations

Under the Fifth Amendment of the U.S. Constitution, police officers may not interrogate someone in police custody without reading them their ”Miranda Rights.” Before beginning to question you, the officer must say that you have the right to remain silent, that anything you say can be used against you, that you have the right to an attorney, and that if you cannot afford one, one will be appointed to you.

If an officer begins to interrogate you without informing you of your rights or continues to question you after you have exercised your right to remain silent and/or requested an attorney, the officer may have violated your Fifth Amendment rights. As a result, any incriminating statements you make may not be used against you in court.

A drug crime conviction may carry serious penalties, including years in prison and significant monetary fines. Establishing that your Constitutional rights were violated may be the best way to avoid these serious penalties.