This is a very frequent question that I get from people that call me. They want to know how the police can arrest them without any evidence that they did anything wrong. Just because you were arrested by the police and charged with a crime does not mean that you are guilty. An arrest and a criminal charge is just an allegation. The police officer who arrested you, and the prosecutor that charged you with a crime, believe that you did something wrong. Now they must prove you guilty beyond a reasonable doubt in court. There’s several things that you can do to make it more difficult for the police and the prosecutors to prove you guilty in court. Let’s talk about some of the things that you can do to help your case.
First, let’s talk about something you should not do. You should not resist the police and give them a tough time. There’s no benefit to arguing with the police officer and making their job difficult. All that can do is make the police officer angry and cause them to be a little tougher on you than they might otherwise be. In addition, don’t forget that the police officer is armed with a gun. If the police officer feels threatened, he may use physical force against you which never ends in a good way. If you resist a police officer you could be charged with Resisting a Peace Officer, or if you disobey a police officer’s instructions, you could be charged with Obstructing a Peace Officer. While both charges are misdemeanors, they are serious misdemeanors because they carry mandatory punishments which could include mandatory community service or even jail time. Simply pulling away from a police officer while they are trying to place handcuffs on you, or trying to run away from a police officer who is trying to place you under arrest, could result in serious criminal charges. Those criminal charges could stick even if you are ultimately found not guilty of the crime that you were originally arrested and charged with. Plus, if you cooperate with the police officer, the officer may go a little easy on you and may even decide not to arrest you, or even charge you with a crime if they are not sure that you did anything wrong. Even if the police officer arrests you and charges you with a crime, the fact that you cooperated with the police officer and did not give them a hard time could help you when it comes to talking to the prosecutor who is handling your case in court. The prosecutor is much more likely to go easy on you if the police officer tells them that you cooperated with them and did not give them a hard time.
The next piece of advice that I commonly give clients is to exercise their constitutional right to remain silent. I commonly see people who are arrested trying to talk themselves out of it. It almost always ends up being a bad move. If a police officer thinks that you did something wrong, you can talk to them until you are blue in the face and you will not be able to stop them from arresting you. For instance, if a police officer pulls you over and suspects that you have been drinking and the officer believes that you are drunk, the officer will take you down to the police station so that you can take a breathalyzer test. No amount of arguing and pleading with the police officer will change anything. What is more likely is that during the course of trying to convince the police officer that you should not be arrested, you are likely to say something to the police officer that could be used against you later on in court. An example is if you tell the police officer that you only had a couple of drinks and that you are fine to drive. Admitting that you have been drinking can be used against you in court later on to prove that you are guilty of a DUI.
I recently represented a client who was charged with a Retail Theft in DuPage County. While the client was pleading with the police officer to avoid being arrested, the client admitted that she had stolen items from the same store in the past and offered to pay the merchant for the items if she could avoid being arrested. That statement was used against her in court to help prove that she was guilty of a Retail Theft.
If you are arrested, and the police officer starts asking you questions, you should immediately demand that the police officer get you a lawyer. Once you do that, the police are required to stop all questioning. Make sure you persist in your demand for a lawyer regardless of any promises that are made to try to convince you start talking.
James Dimeas, is a nationally-recognized, award-winning, criminal defense lawyer, with over-27 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 2018 and 2019” 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 are facing criminal charges in Chicago, Cook County, DuPage County, Kane County, or Lake County, you can contact James Dimeas anytime for a free and confidential consultation. You can always talk to James Dimeas personally by calling him at 847-807-7405.
The Different Ways You Can Be Guilty of a Retail Theft in Illinois, James G. Dimeas, Chicago Criminal Lawyer Blog, June 6, 2017.
Do I Have to Answer Questions by Store Security When They Stop Me for a Retail Theft, James G. Dimeas, Chicago Criminal Lawyer Blog, April 4, 2017.
What Happens if I Refuse to Take a Breathalyzer Test in Illinois? James G. Dimeas, Chicago Criminal Lawyer Blog, May 16, 2017.