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Three Mistakes You Should Never Make When Faced with an Arrest

Posted on in Criminal Defense

arrest, Kane County criminal defense attorneyWhether you are confronted with suspicion of driving under the influence, accused of committing battery, or have been seen on surveillance video shoplifting, there are certain actions you should avoid when placed under arrest. How you decide to carry yourself from the moment an officer confronts you can work for or against you later on in a court of law.

Actions That Can Add Fuel to the Fire

While it is true that every Illinois state resident may exercise their basic constitutional rights upon arrest, conducting yourself civilly and politely when dealing with law enforcement is a crucial part in protecting your case as you move forward.

Conversely, here are three mistakes that have the power to potentially damage your case:

1. Resisting: If you are being arrested by an officer of the law, do not resist. You can be charged with resisting a lawful arrest, s. This is considered a Class A misdemeanor and can result in a prison sentence of up to one year, as well as a hefty fine. Even if the arrest is illegal and you are in fact innocent, failing to cooperate in any way does not help your case. If the arrest turns out to be a false one, you have the option to bring an action against the law enforcement officer later on, but during the actual arrest, it is important to cooperate.

2. Arguing: Along with physically resisting an arrest, arguing with law enforcement and making the officer’s more difficult is a good way to hurt your case. While you cannot be charged for simply voicing your opinion or defending yourself, verbally insulting or attacking the arresting officer will not earn you any sympathy in a court of law. This also applies to any "frisk" search. Arguing and resisting an officer’s right to search you once they have placed you in custody will not help when it comes to your defense in court. Additionally, when the officer requests to see your license and any other identifying information, you are required to comply.

3. Talking too much: Upon arrest, your Miranda rights give you permission to remain silent if you wish, and they also state that anything you say can and will be used against you in court. If you choose your option to forgo silence, be aware that saying too much can land you in hot water - possibly even hotter water than you were in the first place. Sometimes saying less is more. You do not need to offer up any information that may further incriminate you.

If you have been arrested on criminal charges, utilize your right to speak with an experienced Elgin criminal defense attorney right away. The moment you are placed under arrest, we can help ensure your rights are fully protected no matter what the allegations against you may be. Call 847-488-0889 for a free consultation today.

Source:

https://www.isba.org/sites/default/files/publications/pamphlets/Arrested.pdf

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