Unfortunately, many fail to understand that their conduct during and after an arrest can influence the outcome of the situation. Strong emotions like fear and anxiety can lead to behaviors that could make your circumstances much worse.
Follow these legal tips during an encounter with law enforcement or an arrest to protect your rights and lay a strong foundation for your defense.
Remain silent
One of the most important rights you have is the right to remain silent, because anything you say can be used against you in court. Exercising this right when dealing with the police helps you avoid accidental self-incrimination.
Be polite and respectful, but do not make any statements or admissions to law enforcement officers without a defense representative present.
Remember and document details
During the police encounter and arrest, pay attention and take mental notes to document later. This includes the names and badge numbers of the arresting officers, the time and location of the arrest and any statements made by law enforcement.
Keeping a thorough record of these details can be crucial for your defense and help you build a strong case.
Understand your situation
Make certain you comprehend the charges you face to prepare for the legal process and anticipate potential penalties. In Illinois, misdemeanors include offenses like theft under $500, while felonies cover crimes like aggravated assault. Severe Class X felonies carry penalties of up to 30 years in prison.
Getting a copy of your charges and their explanations can help with formulating a legal strategy.
The right to legal representation is another fundamental right you have during an arrest and in its aftermath. As soon as you are taken into custody, request a defense representative who understands Illinois criminal law.