Officer showing photos to witness

This is the next post in my series on the handling of embezzlement charges in Peoria, Illinois. My last article discussed how search and seizure issues impact an embezzlement case. If law enforcement recovers evidence as a result of violating a defendant’s Fourth Amendment rights, then it may be possible to have such evidence excluded from trial. Depending on the nature of the charges, such an exclusion may result in a dismissal of the case. How the Court will rule in a given matter, however, will depend on the specific facts of the situation. It is best to consult with a criminal defense attorney as soon as possible. In this article I will discuss how the violation of one’s Miranda rights may impact their defense strategy. If you are in need of assistance then contact my office today to speak with a lawyer.

The Fifth Amendment to the United States Constitution provides rights to individuals during their interactions with the police. These rights, memorialized in the Miranda decision, provide an individual with the right to remain silent if they are questioned while in police custody. An individual does not have to be placed under arrest to be in custody. Instead, an individual will be considered “in custody” at any time when they have been stopped by law enforcement and a reasonable person would not feel free to leave. When such a detention occurs, officers must inform the individual of their right to remain silent as well as their right to have an attorney present during questioning. If these rights are violated, and a suspect makes incriminating statements, then it may be possible to have such statements ruled inadmissible in Court.

The foregoing rules are important in white collar crime cases, especially those involving embezzlement. Suppose police officers inform a suspect that they wish to interview him and their conduct leaves the individual feeling that he or she has no choice but to conduct the interview. Now suppose that the person was never informed of their rights and they make a confession out of nervousness over the situation. The officers would likely arrest and charge the individual immediately. It would not be uncommon for such a defendant to think that there is nothing they can do as they have already confessed to law enforcement. Such a defendant may then take a bad plea deal as a result. The fact of the matter, however, is that they may very well have had options.

If you made incriminating statements while talking to the police then it is important that you speak with an attorney as soon as possible. If counsel believes that your rights were violated then they can file a Motion with the Court to exclude any statements from the proceedings. As a former prosecutor, I am experienced in the handling of such matters. Contact my office today to speak with a Peoria embezzlement lawyer. We also service the cities of Bloomington, Decatur, Eureka, Galesburg, Morton, Normal, Pekin, Springfield, and Washington. We also serve 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.

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