Never Talk To Law Enforcement Or Prosecutors Without An Attorney

Being arrested is often frightening, but you should always decline to speak to law enforcement or prosecutors without your lawyer present. You might be tempted to talk to try to explain there was a misunderstanding that led to the arrest. But all you will do is give the police information they can use against you in court. If you were arrested on a felony or misdemeanor charge, our criminal defense lawyers in Elk Grove Village at Villadonga & Villadonga Attorneys at Law can assist you.

You Have The Right To Remain Silent, So Use It

The right to remain silent is from the 5th Amendment of the US Constitution, which states that no one can be compelled in a criminal matter to be a witness against themselves. This has several meanings, the first being that the prosecutor cannot force you to testify at your trial. You can testify, but you are not required to do so.

The right to remain silent also means you are not required to answer police questions regarding a crime or criminal charge. You are not required to give the police any information, including when you are not in custody or under arrest. You also are not required to answer when you have been arrested.

Next, you can cease answering questions whenever you want and ask for your lawyer. If you answer a few questions and do not like the direction of things, you can stop talking.

You Are Allowed To Have A Lawyer When Questioned

The Miranda warning the police give you when you are arrested states you have the right to a lawyer before you talk to law enforcement. This is from the 6th Amendment, which states that anyone accused of a crime can ask for an attorney.

You should not be afraid to ask for your lawyer because you fear it will make you look guilty. The police are not allowed to use your silence against you. Besides, if they question you about a crime, they may already believe you did it. If you talk to the police without your lawyer, law enforcement has a significant advantage. Having an attorney with you makes things fairer and ensures you do not say something that harms your case.

You Cannot Lie To The Police

Another reason to have an attorney with you is to make sure you do not say anything to the police that is not true. If you are not careful, you can say something they could construe as making a false statement to the police. Even if you intend to tell the truth, the fear and stress of the situation, plus all the police questions, could make you say something that they say is untruthful.

Contact Our Criminal Defense Lawyers In Elk Grove Village

Being arrested in Illinois can be scary, and things can go downhill rapidly if you talk to the authorities without an attorney representing you. Before you damage your case, speak to our criminal defense lawyers in Elk Grove Village at Villadonga & Villadonga Attorneys at Law at (847) 298-5740 for legal assistance.