Legal Question in Criminal Law in Illinois

miranda rights

If you are accused of a crime and not read your rights in Illinois is the arrest legal? The arrest was filmed by dash cam. It involved possessionless than one ounce.

Asked on 9/29/08, 2:10 pm

2 Answers from Attorneys

Michael Rosenblat Michael C. Rosenblat., P.C.
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Re: miranda rights

An arrest does not become "illegal" because a defendant is not read his rights. The police only need to read a suspect his right if they want to question him to get an incriminating response.

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9/29/08, 3:00 pm
Michael R. Nack Michael R. Nack, Attorney at Law
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Re: miranda rights

The officer only needs to give you your Miranda rights if he intends to use a statement you make against you. He probably pulled you over for a traffic or equipment violation and then smelled or saw something that he believed gave him probable cause to search. Or, you might have "consented" to the search, or at least the officer will say that you did. You should hire the very best criminal defense attorney you can afford. If you are in the south-central part of the state, I may be able to help you myself. You may call me for a free telephone consultation if you wish. Good luck.

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9/30/08, 11:18 am

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