Miranda Rights - Your Rights!

Everyone should read and save the article from this morning's Northwest Herald on Page 3C - about a suspect, Dustin Goy, who signed a paper waiving his Miranda Rights after a Crystal Lake Police detective allegedly told him that he was not waiving his rights by signing.

What are your rights, if you are accused of a crime?

The U.S. Supreme Court said, "...The person in custody must, prior to interrogation, be clearly informed that he or she has the right to remain silent, and that anything the person says may be used against that person in court; the person must be clearly informed that he or she has the right to consult with an attorney and to have that attorney present during questioning, and that, if he or she is indigent, an attorney will be provided at no cost to represent him or her."

Pretty clear; right?

The police receive extensive training in administering the Miranda Rights. They also are trying to get an accused to talk, so it's a fine line they must walk.

It's interesting that the article does not name the Crystal Lake detective. Why not?

Kids are taught early that the police are our friends and that, if they are in trouble, they should find a police officer, who will protect them.

Somewhere along the way, every person should be taught that there may be circumstances when the police will not be your friends. Was Goy's case one of those times?

Judge Sharon Prather will issue her ruling on September 3. It might be interesting to be there and hear how she views the detective's effort to get Goy to talk about what had happened, while at the same time apparently telling him that he was not waiving his rights and saying, "You just need to sign this and talk to us."

If you ever find yourself in police custody and believe you are being accused of a crime, READ the form. Don't rely on verbal explanations from any officer. And call your attorney. Tell the officer, politely, that you'll be very happy to talk with him and answer his questions - after your attorney arrives and if your attorney tells you that it is okay to answer them.