Chicago Criminal Lawyer Blog
One of the worst phone calls a person can receive is a call from a police detective telling them that they are being investigated for a crime they did not commit. Sometimes the accusation comes from someone they know. Sometimes it involves a former spouse, girlfriend, boyfriend, family member, coworker, neighbor, or business associate. Other times, the police may believe they have identified the right person based on what a witness told them, a photograph, surveillance video, cellphone evidence, or some other piece of information. Whatever the circumstances, I have found that most innocent people have the same immediate reaction:
“I didn’t do anything wrong. I’ll just explain what happened.”
That reaction is completely understandable. It can also be a serious mistake. I have been handling criminal cases for more than 34 years. One thing I have learned during that time is that innocent people can get themselves into trouble by assuming that the truth will automatically protect them. It does not always work that way.
A criminal investigation is not an informal conversation. The police are gathering evidence. They may already believe that you committed the crime. They may have spoken to the person accusing you before they ever contacted you. They may be trying to confirm a theory they have already developed. That is why what you do after learning that you have been accused can be every bit as important as what actually happened. If you are being falsely accused of a crime, there are several things I strongly recommend that you do—and several things you should absolutely avoid doing.
The First Thing I Tell Clients: Stop Talking
When someone calls me and tells me that a detective wants to speak with them, one of my first questions is: “Have you talked to the police yet?” I am always relieved when the answer is no. Unfortunately, many people talk first and call a lawyer afterward. The detective may tell you that he just wants to “clear a few things up.” He may say he wants to “hear your side.” He may even make it sound as though talking to him is your opportunity to prove that you did nothing wrong. Do not assume that is what is happening. If the police suspect you of committing a crime, anything you tell them may become part of the case against you. I have seen this happen over and over during my career. A person gives a statement because they believe they have nothing to hide. Later, a prosecutor points to one sentence, one incorrect time, one forgotten detail, or one inconsistency and argues that the person was lying. Maybe you said something happened at 8:00 when a phone record shows it happened at 8:17. Maybe you forgot that you stopped somewhere on your way home. Maybe you described a conversation slightly differently than another witness. Human beings do not remember every detail perfectly. That does not mean they are guilty. But once you give a statement, every word can be examined, compared, and challenged. You have a constitutional right to remain silent. Use it. You can calmly tell the detective: “I am not going to answer any questions without my lawyer present.” That is enough. You do not have to explain yourself. You do not have to convince the detective that you are innocent. And you should never feel guilty about asking for a lawyer.
Do Not Wait Until You Are Arrested to Hire a Lawyer
Another mistake I frequently see is people waiting too long to get an attorney involved. They think: “I haven’t been charged yet, so I don’t need a lawyer.” In many cases, the exact opposite is true. The time before charges are filed can be extremely important. Once I become involved in a case, I can communicate with the police so my client does not have to. I can find out what agency is investigating the case. I can determine whether detectives are trying to interview my client. I can begin looking for witnesses. I can work on preserving video or other evidence before it disappears. Depending upon the circumstances, I may also be able to communicate information to investigators or prosecutors without exposing my client to an interrogation. There is a big difference between an attorney presenting information in a controlled manner and a frightened person sitting alone in an interview room answering questions for an hour or two. If you believe you are under investigation, do not wait until somebody puts handcuffs on you to start protecting yourself.
Save Everything
If you are falsely accused of a crime, evidence can disappear very quickly. This is especially true today. Security cameras constantly record over old footage. Doorbell cameras delete recordings. Text messages get erased. Phones get replaced. Social-media posts disappear. People forget things. Receipts get thrown away. That is why one of the first things I tell clients is to start thinking about evidence immediately. Ask yourself:
-Where were you?
-Who were you with?
-Who saw you?
-Were there cameras nearby?
-Did you use a credit card?
-Did you send a text?
-Did you receive an email?
-Was your vehicle equipped with GPS?
-Were you at work?
-Did you make a phone call?
-Did you enter a building with security cameras?
Something that seems unimportant today may become extremely important later. Potential evidence can include:
- Text messages
- Emails
- Cellphone records
- Photographs
- Videos
- Surveillance recordings
- Doorbell-camera footage
- GPS information
- Credit-card transactions
- Bank records
- Store receipts
- Work records
- Social-media messages
- Calendar entries
- Phone logs
- Names of witnesses
Do not start deleting things because you are embarrassed by them or because you think they make you look bad. Talk to your lawyer first. Sometimes a message that looks bad when viewed by itself makes perfect sense when the entire conversation is reviewed. Preserve the evidence and let your attorney evaluate it.
Find the Witnesses Before Everyone Forgets What Happened
Witnesses are another area where time matters. People forget. Memories change. Phone numbers change. People move. A person who clearly remembers an event today may remember very little six months from now. If you know someone who may have information that helps you, write down their name and contact information immediately. And do not limit your thinking to someone who actually witnessed the alleged crime. Maybe someone saw you an hour earlier. Maybe someone was with you afterward. Maybe somebody knows about the relationship between you and the accuser. Maybe the accuser said something to another person that contradicts the accusation. Maybe a coworker can confirm that you were at work. Maybe someone received a text message that establishes an important time. Those people may matter. Tell your lawyer about them. Let your attorney or an investigator decide how and when they should be contacted.
Do Not Call the Person Who Accused You
This is one of the most important pieces of advice I can give someone who has been falsely accused. Do not confront the accuser. I understand the temptation. If someone has said something about you that is completely untrue, you may be furious. You may want to call them and demand to know why they are lying. You may want to send a text saying, “Tell the police the truth.” You may want to go to their house. Do not do it. A phone call can be recorded. A text can be shown to the police. A voicemail can be saved. Something you intended as an innocent request may later be described as intimidation, harassment, or a threat. And if there is an Order of Protection, bond condition, or court order prohibiting contact, communicating with that person could result in another criminal charge. Let your lawyer handle the situation.
Keep Your Case Off Social Media
People have an understandable desire to defend themselves publicly. That is especially true when an accusation becomes known among family members, coworkers, friends, or people on social media. Do not try your case on Facebook. Do not post an angry message on Instagram. Do not make a TikTok explaining why the other person is lying. Do not ask your friends to attack the accuser online. Do not post vague messages that you think nobody will connect to the case. Assume the prosecutor will eventually see anything you post. Assume the police can see it. Assume the person accusing you will save it. I tell clients that there is almost nothing to be gained from discussing a pending criminal investigation on social media and a great deal that can be lost. Stay quiet. Let your lawyer speak for you where it matters—in the legal system.
If the Police Ask to Search, You Can Say No
Police officers may ask for permission to search your car, your home, your cellphone, your computer, or another piece of property. Many people assume that refusing permission makes them look guilty. That is not the law. The Fourth Amendment protects you against unreasonable searches and seizures. If police have a valid search warrant, do not physically interfere with them. Your lawyer can examine the legality of that search later. But if the police are asking for your consent, you do not have to voluntarily give it. You can calmly say: “I do not consent to the search.” Do not argue. Do not fight with the police. Do not physically attempt to stop them. Simply make your position clear and contact your attorney.
Write Down Everything You Remember
When I meet with a client, details matter. Unfortunately, people often wait weeks or months before writing anything down. By then, dates become unclear. Times become harder to remember. Small details disappear. If you have been falsely accused, sit down while everything is still fresh in your mind and prepare a detailed timeline. Write down where you were. Write down who you saw. Write down who called you. Write down any text messages you remember. Write down what the accuser said. Write down what you said. If the police contacted you, record the detective’s name, agency, telephone number, and what was discussed. Do not post this timeline online. Do not send it around to your friends. Give it to your lawyer. Your attorney needs to know everything—including facts that you think are bad. I would much rather hear about a problem from my client in my office than hear about it for the first time from a prosecutor in court.
Innocent People Get Charged With Crimes
This is something that people sometimes have difficulty accepting. They tell me: “But I didn’t do it. How can they charge me?” Because police officers and prosecutors are human beings. Witnesses can be wrong. People can lie. Identifications can be mistaken. Evidence can be misunderstood. Investigations can be incomplete. Two people can look at the same circumstances and reach completely different conclusions. Being innocent does not mean the criminal justice system automatically stops before charges are filed. That is why a defense needs to be prepared before a case gets out of control. If charges are filed, your lawyer may need to review police reports, obtain discovery, subpoena evidence, investigate witnesses, examine video, challenge identification procedures, file motions, conduct hearings, negotiate with prosecutors, or prepare the case for trial. There is no single defense strategy that works in every criminal case. A good defense should be built around the actual evidence.
If You Have Been Charged, Take Every Court Date Seriously
Once a criminal case is filed, do not make matters worse by ignoring the court process. Know your court date. Know where you have to be. Stay in contact with your lawyer. Understand any conditions the judge has imposed. If the judge tells you not to contact somebody, do not contact them. If you are ordered to stay away from a location, stay away. If you are ordered to turn over firearms, follow your lawyer’s instructions and the court’s order. The worst thing a person can do while defending against a false accusation is create a new legal problem that never needed to exist.
Can You Sue Someone for Falsely Accusing You?
I am frequently asked this question. Sometimes the answer may be yes. But the fact that an accusation turned out to be false does not automatically mean that a civil lawsuit will succeed. Defamation, malicious prosecution, and other civil claims have their own legal requirements. There may also be legal protections that apply to certain statements made to police, lawyers, or during judicial proceedings. For that reason, I generally tell clients to concentrate first on the criminal accusation. Protect yourself from the criminal case. Then, when appropriate, discuss with an attorney whether a civil claim should be considered.
Do Not Assume the Case Will “Work Itself Out”
If there is one thing I want people to understand from this article, it is this: Do not sit back and assume that everything will be fine simply because you are innocent. That is not a defense strategy. If you have been accused of something you did not do, you need to be proactive. Do not give statements without legal advice. Do not contact the accuser. Do not destroy evidence. Do not discuss the case online. Identify witnesses. Preserve video. Save your messages. Write down what happened. And contact an experienced criminal defense attorney as soon as possible. The earlier a lawyer becomes involved, the more opportunity that lawyer has to protect you.
Contact Criminal Defense Attorney James G. Dimeas
I have been representing people accused of crimes for more than 34 years. During that time, I have represented people in Chicago, Cook County, DuPage County, Kane County, Lake County, and throughout the Chicago area. I understand what it feels like when someone walks into my office frightened because the police are calling them, a detective wants to question them, or someone has accused them of something they insist they did not do. My job is to listen to what happened, examine the evidence, protect my client’s constitutional rights, and develop a defense based on the facts.
James G. Dimeas has received recognition from numerous legal organizations and publications, including the American Society of Legal Advocates, the National Trial Lawyers, the National Academy of Criminal Defense Attorneys, Expertise, AVVO, the American Institute of Criminal Law Attorneys, and Attorney and Practice Magazine.
If you have been falsely accused of a crime or believe that you are the target of a criminal investigation, you can contact me for a free and confidential consultation. Call 847-807-7405.
Conclusion
Facing false accusations can be overwhelming, but you do not have to go through it alone. The most important steps you can take are staying calm, exercising your rights, gathering evidence, and hiring an experienced criminal defense attorney. James Dimeas is dedicated to fighting for justice and ensuring that the falsely accused receive the strong legal defense they deserve.
James Dimeas, is a nationally-recognized, award-winning, criminal defense lawyer, with over-34 years of experience handling criminal cases in Chicago, Cook County, DuPage County, Kane County, and Lake County. Recently, James Dimeas was named a “Top 100 Criminal Defense Lawyer in the State of Illinois for the Year” by the American Society of Legal Advocates. James Dimeas was named a “Best DUI Attorney” and a “Best Criminal Defense Lawyer in Chicago” by Expertise. James Dimeas was named a “Top 100 Criminal Defense Trial Lawyer” by the National Trial Lawyers. The National Academy of Criminal Defense Attorneys awarded James Dimeas the “Top 10 Attorney Award for the State of Illinois.” James Dimeas is rated “Superb” by AVVO, the highest classification possible for any criminal defense lawyer in the United States. The American Institute of Criminal Law Attorneys recognized James Dimeas as a “10 Best Attorney for Client Satisfaction.” Attorney and Practice Magazine gave James Dimeas the “Top 10 Criminal Defense Attorney Award for Illinois.
If you need a criminal defense attorney in Kane County, Chicago, Cook County, DuPage County, or Lake County, you can contact James Dimeas anytime for a free and confidential consultation. You can talk to James Dimeas personally by calling him at 847-807-7405. If you or a loved one is facing wrongful accusations, do not hesitate to reach out for a consultation. Time is of the essence, and taking swift action can make all the difference in protecting your future. Contact us today to discuss your case and take the first step toward clearing your name.
Additional Blogs: