Tag Archives: police interrogation

What to Do if You Are ArrestedWhile few people ever plan for their arrest, it is still important to know what to do if you are arrested by law enforcement. What you do during and after an arrest can have a huge impact on your case. Even answering questions that, at first, may seem benign may end up causing problems for you later. Most importantly, those under arrest should remember to contact a skilled criminal defense attorney as soon as possible.

Being Questioned

Aside from being arrested, you may also be stopped and questioned by police. It is crucial that you stay calm and do not argue or resist and make sure to keep your hands where the police can see them. If you are stopped in public in Illinois you are not required to give the police your name, but giving a false name is against the law. Being stopped for questioning is not the same as being arrested. You can always ask if you are free to leave, and, if you are, you can walk away. You also do not have to consent to be searched if you are asked. Ultimately, the safest answer is always asking to speak to an attorney, even if you just are being questioned.

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Naperville criminal defense attorneys, interrogations of minorsRecently, a bill introduced in January by State Senator Patricia Van Pelt (D-Chicago) was amended to further increase the rights of minors charged with committing a criminal offense. If passed, the new law would ensure that more youths are represented by counsel throughout the entire legal process.

Current Law

Under the current law, only minors under the age of 13 and who are suspected of committing a sex or murder offense, are required by law to be represented by legal counsel during an interrogation. Any statement offered by a minor who is under 13 years old and does not have counsel present during an interrogation while in police custody, will be deemed inadmissible as evidence in any subsequent juvenile court or criminal proceeding.

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commit a crime, Illinois criminal defense attorney, law enforcement interrogrations, Miranda Rights, police interrogation, probable cause hearings, right to counsel, Fifth Amendment rights, Sixth Amendment rightsIt has happened. You have been arrested and are being interrogated by the police. What do you do? Should you say anything? Do you have to answer the questions asked by the police? How do you ask to speak to your lawyer?

Under the Fifth and Sixth Amendments of the United States Constitution, you have the right to have an attorney present at an interrogation conducted by police.

However, many people are not sure how they are supposed to invoke their right to counsel and end up saying the wrong thing, which enables the police to continue the interrogation without your attorney present.

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