Legal Defenders, PC

Chicago Criminal Defense Attorneys

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If You Are Arrested - Your Legal Rights

If you are ever arrested, the Chicago Criminal Defense Attorneys at Legal Defenders, P.C., generally advise people to politely refuse to answer any questions of the police and request to speak to a lawyer. Do not be afraid to tell the police that you refuse to answer any questions and that you want to speak to a lawyer. Keep on repeating this no matter how many times the police try to get you to answer their questions. You have the constitutional right to do just that. The Chicago criminal defense attorneys at Legal Defenders want to make several recommendations to people based on their many years of experience in the area of criminal law in the Chicago area.

1. Do not try to convince the police officer that is arresting you that you are innocent. The police officer is not the one who decides whether you are guilty or innocent. The police officer only needs probable cause to arrest you. Whether you are guilty or not is a question to be answered by a judge or a jury. The Chicago criminal defense attorneys at Legal Defenders want to make sure that you must be aware that anything you say to the officer can be used against you in court at a later time.

2. Try to cooperate with the police as much as you can without answering any of their questions. Running from the police hardly ever works. The police are trained to pursue and capture people who are trying to get away from them. Officers draw their guns when someone flees and there have been numerous cases of people being injured and killed as a result.

3. Do not say anything to the police. Once again, anything you say can be used against you in court so the best advice is to simply be quiet and cooperate with the police. The Chicago criminal defense attorneys at Legal Defenders know of no case in which the police released someone after they were arrested because they were able to convince them that they had the wrong person.

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4. Do not give the police permission to search you or your property. The Chicago criminal defense attorneys at Legal Defenders want you to know that you have an absolute constitutional right to refuse to give the police permission to search. If the police threaten you that they will get a warrant let them do just that. Do not give them permission to search.

5. If the police are searching your house or your car, remain silent. Let the police ask all the questions they want. Do not answer any of their questions.

6. Do not get into a physical confrontation with the police. If they are trying to place you in handcuffs do not resist. If you resist a police officer, or hit a police officer, you will be charged with a separate crime for that. While the police do not make the decision about your guilt or innocence, they do have discretion in deciding what you will be charged with or whether you will be charged with a felony or a misdemeanor. The more you cooperate, the more likely it is that they will not overcharge you.

7. Do not believe any promises the police make to try to get you to talk to them. The United States Supreme Court has ruled that it is perfectly legal for the police to lie to you in order to get you to talk to them. The police will often tell you that if you tell them what happened they will go “easy” on you. Or they will tell you that if you tell them what they want they will let you go home. This is perfectly acceptable police behavior. They are not required to keep their promises and you will not be able to have the statements thrown out of court because the police lied to you. Whenever the Chicago criminal defense attorneys at Legal Defenders have had cases in which a client gave a statement to the police, the most common reason given by the client is that the police promised them that they would let them go if they gave them the statement. Do not fall for any promises.

8. If the police knock on the front door of your house, do not let them in. If you open the door and let the police in, the invitation may be considered consent to search and you may not be able to challenge the search of your home. And if the police walk in and see something, or smell something that gives them the right to look for evidence, you may not be able to challenge the search.

9. If you are arrested outside of your home, do not let the police into your home so you can get your clothes or a jacket. If you need something, send a friend or relative into the home to retrieve your property.

Click here for an explanation of your Miranda warnings.

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Legal Defenders, PC  * 70 West Madison, Ste 1400 * Chicago * IL 60602 * Phone: (800) 228-7295 *  Fax: (800) 604-0507
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