Legal Question in Criminal Law in Illinois

miranda rights

When arrested dosen't an officer by law have to tell you your rights, either before or after they tell you why you are under arrest? What happens if they don't do this?


Asked on 6/27/01, 9:00 pm

1 Answer from Attorneys

David Shestokas Shestokas, & Associates

Re: miranda rights

The implications of having been read your rights or not are related to the admissibility of evidence. Some things such as statements you make may not be admissibile against you if you have not been advised of your rights. However, the police may not read them to you or tell you in any way, and that will not affect the validity of the arrest itself. Most officers do read them, because it protects the use of evidence against you, but failure to advise you does not exempt you from prosecution if there is other useful evidence that was not dependent upon information the police obtained from you.

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Answered on 7/02/01, 5:56 pm


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