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Hal Garfinkel is retained as the defendant's lawyer in the Chicago high profile murder case of Marlen Ochoa-Lopez. Read more...

Posted by on in Miranda Rights

Miranda Rights, arrested, Illinois Criminal Defense AttorneyOver and over again on television dramas, the case is resolved with the arrest of a suspect while the arresting officer recites the familiar words, “You have the right to remain silent.” Most people are familiar with the idea of Miranda Rights, but many do not clearly understand what they represent or how they came to be such an important part of the legal process.

Why are They Called “Miranda” Rights?

The warnings that so many associate with the arrest of a suspect take their name from a Supreme Court decision dating back to 1966. In that case, a man named Ernesto Miranda was arrested on suspicion of kidnapping, robbery, and rape. During interrogation, Miranda eventually confessed to the crimes and was convicted. He appealed on the grounds that his confession was not voluntary and that no attorney was present during questioning. The United States Supreme Court ultimately agreed and overturned Miranda’s initial conviction. Miranda would later be retried without the confession being permitted as evidence and was convicted again.

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