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Generally, Miranda warnings are the warnings given to an individual by the police before they are questioned. The questioning must be custodial in nature. Custodial means that the person’s freedom of movement must be restrained even though they are not under arrest. In order for a statement by an individual to be used against them in court, the individual must have been advised of their Miranda rights, and must’ve made a knowing, intelligent and voluntary waiver of their Miranda rights.
The Miranda warning arose out of the 1966 Supreme Court case of Miranda v. Arizona. The Supreme Court set out to protect a defendant’s Fifth Amendment rights against self incrimination. Another way of describing one’s Fifth Amendment rights is that people have the right to remain silent. While the court did not specifically state what the police have to tell people it did set out some broad guidelines which have been interpreted to mean that the police have to warn people that they have the right to remain silent, that anything they say can and will be used against them in court, that they have the right to an attorney and that if they cannot afford one, one will be provided for them.
Whenever the prosecution is seeking to introduce into evidence a statement made by the Defendant into evidence, the Chicago criminal defense attorneys examine the facts and circumstances of the case to determine whether the legal requirements laid out in Miranda v. Arizona were complied with. The Chicago criminal defense attorneys at Legal Defenders have filed and argued many such motions concerning statements and are familiar with the law and the rules surrounding their admissibility.
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