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Explanation Of Rights

Published on September 8th, 2022

While the rights may seem straightforward, they can cause confusion. You need to understand a few critical aspects because you will not have a criminal lawyer in Bloomington, IL, right there with you upon your arrest, and you need to exercise your rights from the moment an officer places you under arrest or into custody.

Right To Remain Silent

The right to remain silent is from the Constitution. The Constitution gives you the freedom to not testify against yourself. By saying anything, you are providing evidence the prosecutor will likely use in court, which would make it a testimony against yourself.

Regardless of what anybody tells you, staying silent is one of the most important things you can do upon arrest. Do not say anything to anyone. Exercising your right is the only way to get its protection. You should note that the prosecution cannot hold your right to remain silent against you.

Right To An Attorney

Your right to an attorney allows you to have someone on your side looking out for you legally during any questioning. Once you ask for an attorney, officers have to stop questioning you. If they do not, a court will likely throw out anything you say after that point until your lawyer shows up.

Once you say you want an attorney, you will have to secure one yourself unless you can show the court you cannot guarantee one due to financially being unable. You will have to show your income falls within specific guidelines to qualify for a public defender.

Otherwise, you have to hire your own attorney. That may take time, but you should continue to exercise your right to remain silent until your attorney shows up, and then you will only speak with your criminal lawyer in Bloomington, IL.

What Are Your Miranda Rights?

If you watch movies or television shows with crime themes, you likely know all about the Miranda rights. This short speech given by officers when they put someone under arrest is not a creation of Hollywood.

The Miranda rights are a serious and mandatory warning given to someone an officer puts in custody to ensure that person is aware of some basic rights. Getting your rights is essential, and any misstep in providing them could mean changes in your criminal case. It is necessary to discuss any concerns about your rights with a criminal lawyer in Bloomington, IL.

Rights Listed In The Warning

The Miranda warning has two basic rights it outlines. The officer will first advise you that you have the right to remain silent. They will then let you know that if you say something or do something, it goes into the record as evidence the prosecutor can use against you.

The second part of the warning tells you about your right to have legal representation. It will also inform you that the court may provide you with one if you cannot afford an attorney.

The Miranda warning ends with the officer asking you if you understand your rights.

Final Words

The Miranda warning is something to take seriously. You need to be aware of the rights it affords you and exercise them immediately.

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