Miranda Warnings

When someone is in police custody and is questioned about a crime that has taken place, the police must warn Miranda. The right to remain silent is included in the Miranda warnings to protect a suspect from self-incrimination. She’s probably heard this warning before on TV or in the movies.

Anyone in this situation should remain silent because, as the Miranda Warning says, anything you say can and will be used against you.

If you have started to speak and suddenly remember your right to remain silent, stop! It is worth emphasizing that it is always best to exercise your right to remain silent from the start of your time in police custody. However, you can still exercise it if you remember your right during the questioning. Exercising this right in Illinois, or in any state, does not require any specific language. Just say you are doing it or just don’t say anything. The police must stop questioning.

“Good Cop/Bad Cop” doesn’t just happen in the movies and it’s not always dramatic. For example, if asked about shoplifting, the “good cop” might tell you that it’s routine and try to get you to talk. Keep silence. He has the right to remain silent and must exercise it, no matter how informal the situation may seem.

Don’t forget your right regarding written statements. Your signature “speaks” for you and anything you sign, a confession or even a simple statement, can and will be used against you.

You may not have done anything wrong and your words may seem harmless, but once you’ve said them (verbally or in a written statement), they can still be misrepresented and then used against you.

After you are released from police custody, do not talk to anyone, including family, friends, or co-workers. By talking to anyone, you instantly involve that person and he or she can be called as a witness against you. That being said, you do have attorney-client privilege with an attorney and are free to speak with them.

If you find yourself being questioned in police custody, remain calm and simply request the presence of your lawyer.