Most people, who are not criminal defense attorneys, believe that if the police do not inform them of their Miranda warnings when they are arrested, the case will be dismissed on a technicality. This is not the case.

Commonly known as Miranda warnings, they are warnings that many people associate when a person is arrested by the police. People are quite familiar with numerous television shows where the police arrest a suspect and proceed to inform him of his rights. The rights are the following:

1) You have the right to remain silent;

2) Anything you say can be used against you in a court of law;

3) You have the right to consult with an attorney and have the attorney present during the questioning;

4) If you cannot afford an attorney, one will be assigned to you if you so desire;

Police officers are not required to inform people of their Miranda rights when they question a person. Miranda warnings are necessary in very specific situations. A person must be in police custody. Custody is not necessarily defined as being in jail or in handcuffs. A person may be detained on a street, in their home, or in a parking lot if the person is deprived of their liberty in a significant way. The other requirement is that the police are questioning the person. Without these two requirements, Miranda is not necessary.

If a person is in custody and the Miranda warnings were not provided, the use of any interrogation-related statements at trial will be prohibited. In addition, any evidence obtained as a result of the declaration of inadmissibility may also be suppressed. Suppression of that evidence falls under the “Fruit of the Poison Tree” doctrine.

Dupage County DUI attorneys state that it is best to respectfully decline to answer any questions without an attorney present. Usually, people in custody are not sure what the police know and try to outwit the police. Suspects frequently reveal information that can later be used as proof of their guilt. My advice to all clients is to decline to answer any questions and get a lawyer. If the client wishes, she can always answer questions at a later time.