This is my next post in a series of articles addressing the defense of Class 3 felony theft charges in Peoria, Illinois. My last article discussed search and seizure issues in these types of cases. Police must follow certain rules when gathering evidence so that an individual’s rights are not violated. Constitutional protections can have a great impact on the outcome of a case due to evidence being excluded from Court if it was improperly collected. The article also pointed out the importance of retaining an attorney who is experienced in criminal defense and advocates aggressively. In this article, I will be addressing the impact of Miranda issues in such matters. Individuals are free to remain silent. This comes from the Fifth Amendment, which involves a complex area of law. If you have been charged with a Class 3 felony and suspect there were Miranda issues then reach out to my office to speak with a criminal defense lawyer.
The Fifth Amendment of the U.S. Constitution provides individuals with the right to remain silent
The Fifth Amendment of the United States Constitution protects individuals from being compelled to incriminate themselves. This means that a person may remain silent and cannot be forced to speak to law enforcement officers or prosecutors unless they decide to do so voluntarily. The term “Miranda rights” comes from the Supreme Court case Miranda v. Arizona. The case established that law enforcement must read a person their rights before conducting an interrogation. These rights include informing the individual that they have the right to remain silent, that anything they say can be used against them in Court, and that they have the right to an attorney. Once an individual is provided with these rights, they may choose to waive them but are not required to speak with law enforcement.
Any statements an individual makes prior to being read the Miranda rights may be inadmissible in Court. For example, police stop a person pushing a full cart outside a retail store and, without reading the individual Miranda rights, ask if they stole the contents of the cart. The individual replied “yes.” The person may be charged with a Class 3 felony theft based on the value of the stolen items. A defense attorney may file a Motion to exclude the confession because the police failed to read the individual their rights. The confession made may be deemed inadmissible if the Court agrees that the rights were not properly read and waived. Miranda issues are detail-oriented and whether or not police were actually required to inform an individual of their rights will depend on the specifics of the situation.
It is critical to retain an attorney to help with cases involving the Fifth Amendment as such issues can be complicated
Statements made to police in felony theft cases often form the backbone of the prosecution’s case. But an attorney can fight to have them excluded from evidence if those statements were collected in violation of your rights. If you believe your Miranda rights were violated or you are unsure whether the police followed the correct procedures, reach out to an experienced attorney. Our firm has the legal knowledge necessary to evaluate the details of your case, file the appropriate Motions, and protect your rights. Retaining an attorney for a Class 3 felony theft case as soon as possible is critical because a lawyer can help in several ways.
If you are facing a Class 3 felony theft in Illinois, our team is ready to offer advice and support. A qualified lawyer can conduct a thorough review of your case, raise any constitutional defenses, and present your case in the best light possible. Contact me today to speak with a Peoria criminal defense attorney. We also serve clients in Bloomington, Decatur, Eureka, Galesburg, Morton, Normal, Pekin, Springfield, and Washington and the counties of Fulton, Knox, LaSalle, Marshall, Mason, McLean, Putnam, Rock Island, Schuyler, Stark, Tazewell, and Woodford. Additional areas where we handle federal cases include Benton, Chicago, East St. Louis, Springfield, and Urbana.