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What Should I Do If I Am Questioned By Police?

criminal defense

What should you do if you are pulled over and questioned by the police? Do you know what your rights are? Our Arlington Heights criminal defense attorneys at Villadonga & Villadonga can answer your questions on what do to and what not to do.

Do You Have To Answer The Police’s Questions In Public?

No. We all have heard that we have the right to remain silent in the United States, and you should use it. The police may misinterpret what you say, so unless you need assistance or you are reporting a crime, you should politely decline to answer their questions if they approach you in public and begin a police interrogation.

However, if the police have a reasonable suspicion that you are committing a crime or already did and you are in public, you may need to identify who you are or present identification such as a driver’s license or ID. While the police can ask whatever they like, you do not have to answer anything other than identify yourself.

Do You Have To Answer The Police’s Questions If They Pull You Over?

Driving on public roads in Illinois is a privilege, so you need to have a driver’s license, registration, and insurance for your vehicle. If you are pulled over, you must give the police your license, registration, and insurance information. However, you do not have to answer their other questions. You should politely respond that you are invoking your right to remain silent and want to speak to your attorney. Here are some additional tips when dealing with the police if you are pulled over:

  • What you say is probably being recorded, so say as little as possible and do not say you are guilty or admit to any illegal conduct.
  • Be calm and courteous to the police. This can go a long way to defuse the situation and get you on your way quickly.
  • Keep your hands visible and do not reach for anything unless telling the police officer before you do. Keeping your hands in sight and not making any sudden movements ensures police safety and does not give them suspicion you are hiding something illegal.

What Should You Do If The Police Violated Your Rights?

It is not uncommon for the police to violate youor rights when you are arrested or questioned. If you think this has happened, follow these steps:

  • Write down or video everything you remember about what happened when the police stopped and questioned you. You should include the officer’s badge number, squad car number, police station, and other details you remember. If there were witnesses, obtain their contact information.
  • If you are injured, get medical attention right away. It is essential to document the injuries so you can file a claim or lawsuit later.
  • File a complaint with the internal affairs division of the police department. The complaint may be filed anonymously.
  • Talk to a civil rights attorney and a criminal defense attorney right away. Your attorney can review what happened and tell you if you have a case.

Contact Our Arlington Criminal Defense Attorneys Today

If the police ever question you, it is essential to remember that you have rights, and you do not have to answer questions if you prefer not to. Instead, you should retain an Arlington Heights criminal defense attorney at Villadonga & Villadonga to represent you and answer their questions. For a consultation, please call (847) 298-5740.

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The Importance Of a Criminal Defense Attorney

Illinois criminal defense attorney

Having a criminal charge against you is a severe situation whether you are innocent or not. The Illinois legal system is complex, and people who are charged must deal with court appearances, pleadings, paperwork, motions, etc. This is not something you want to take on alone. If you have been charged with a crime, a strong defense is essential, so speak to our Illinois criminal defense attorneys at Villadonga & Villadonga today.

Why Get A Criminal Defense Attorney?

A skilled defense attorney should handle most Illinois criminal charges. Under (730 ILCS 5/5-4.5-65) even a relatively ‘minor’ Class C misdemeanor in Illinois can result in up to 30 days in jail, two years of probation, and/or a fine of up to $1,500. Crimes that could result in a Class C misdemeanor conviction include simple assault and disorderly conduct.

Investigate The Charges

Once you retain a criminal defense attorney, they will investigate the charges to see what evidence the police gathered against you. They may visit the alleged crime scene, talk to witnesses, review police reports, and look at the physical evidence. The attorney will review the facts and evidence and look for potential weaknesses in the case and anything that could give rise to reasonable doubt.

Review Law Enforcement Conduct

Even if someone may be guilty of a crime, law enforcement must follow the law and respect a suspect’s constitutional rights. Your attorney will look at how the arrest and questioning were conducted by law enforcement, and if your rights were violated, they could file a motion to have specific evidence suppressed.

For example, if you were arrested for a suspected DUI and the police did not have probable cause for the stop, this could be problematic for the prosecution. Police officers must have probable cause to pull drivers over in Illinois. If you were obeying all traffic laws when pulled over, your attorney might question whether the police had probable cause to stop your vehicle.

Develop A Defense Strategy

Depending on the case, there are many potential ways a criminal defense attorney might develop a defense strategy. If the alleged crime was assault, perhaps it was done in self-defense. If it was a DUI stop, there could be issues with the field sobriety tests or the breathalyzer test.

Help You Make Major Legal Decisions

Some, but not all, criminal cases in Illinois go to trial. If the prosecutor offers you a plea deal, your attorney will review it with you and provide their best recommendation. They also may negotiate with prosecutors to obtain a more favorable plea agreement. Or, they could advise you to take the matter to trial. Ultimately, it is your decision, but an experienced criminal defense attorney can provide essential legal guidance about the best course of action.

Represent You At Trial

Your attorney works for you in the courtroom and offers the best defense. They also will participate in jury selection and potentially object to improper testimony or evidence. While you can legally represent yourself, your chance of a favorable outcome in court rises when a criminal defense attorney represents you.

Contact Our Illinois Criminal Defense Lawyers Now

Being hit with an Illinois criminal charge is frightening, but an experienced attorney can help you Contact our Illinois defense attorneys at Villadonga & Villadonga. We can provide a solid defense to obtain a favorable case result, so contact us at (847) 298-5740.