Do You Know Your Miranda Rights?

The History of the Miranda Warning

Across the nation, citizens have heard the Miranda Warning hundreds of times in television and movie police dramas. "You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you can't afford an attorney, one will be provided for you." If you're like many, you probably never stopped to think about what it really meant or how that warning came about until you got into trouble with the law. 

Police have used coercive and threatening tactics to force confessions from suspects throughout history. Years ago, it was a well known saying that a suspect was undergoing the "third-degree" while being interrogated. Not until June 13, 1966, when the Supreme Court ruled 5-4 on the case Miranda v. Arizona, was it determined that a suspect must be properly informed of his or her legal rights before interrogation.

The original criminal case dates back to March 2, 1963, when an 18-year-old Phoenix woman reported being abducted and raped. Police arrested Ernesto Miranda on suspicion of the crimes and after interrogating him obtained a confession which Mr. Miranda later recanted. He was unaware that he did not have to provide any statements to the police. He was later found guilty of kidnapping and rape, but his case led to the formal warning being required to be given by police to criminal suspects in custody. 

There is still a lot of information not widely known about the Miranda Warning. For example, most people don't know that your right to an attorney includes being able to meet with your attorney before you decide whether or not you will speak to the police, meeting privately with your attorney before the interrogation begins and the right to answer police only through an attorney. If you have been arrested or are being brought in for police interrogation, you need a skilled Chicago criminal defense attorney from the Law Offices of Howard J. Wise and Associates by your side to protect your rights during the interrogation.   

What to Do If Your Miranda Rights Have Been Violated

If you were recently arrested, regardless of whether it was for a misdemeanor or a  felony charge, and had your Miranda Rights violated, we encourage you to consult with an experienced criminal lawyer from our legal team immediately.  The attorneys with our offices are experienced former prosecutors and know the actions that can be taken to have a coerced confession suppressed.