What Not to Do if You Are Arrested

 Posted on November 21,2019 in Your Rights

Being arrested is a very scary thing. Law enforcement in Rolling Meadows arrest people every day, and these individuals often do not know what to do when it happens. Just as there are certain things you should do, there are also things you should never do. Taking the wrong steps at this point could hurt your case in the future. Below are the five things you should never do if you are arrested.

Do Not Say Anything

If you are arrested, you have the right to remain silent and that is exactly what you should do. When police read you your Miranda rights, they will tell you that anything you say could be used against you, and they mean it. The chances are very good that they will take your words out of context and use it to hurt your case in court. Do not say anything to police officers except that you want to speak to an attorney.

Do Not Resist Arrest

Resisting arrest is a very dangerous thing to do in Illinois. Even trying to swat away the officer’s hands when they are trying to put handcuffs on you could result in additional charges if the officer views it as assault. Also, if law enforcement believes that you are resisting arrest, they have the right to subdue you, which can quickly become dangerous.

Do Not Run

Resisting arrest and fleeing the police are two different things. If you resist arrest, such as arguing with the officer and telling them they have the wrong person, they can subdue you but they likely will not shoot you. If you run, however, they might use weapons to prevent you from running away. Running is much more dangerous than simply resisting arrest and should never be done.

Do Not Let the Police to Search You or Your Property

There are times when the police can search you. If they arrest you, for example, they can search your person, which typically means going through your pockets. Also, if your vehicle is at the scene and police notice something that is in plain sight, such as a joint or an open container of alcohol, they can search your car as well. However, you should not let them search more than that.

Without your consent, law enforcement must obtain a warrant to search you or your property. Providing your consent can give police access to evidence that they will use against you and that will hurt your case.

Do Not Go Back Into Your House

If the police come to your home to arrest you, they may ask if you want to go back inside to say goodbye to your spouse or kids, or even to get a jacket. Do not accept this offer. If you do, the police will escort you inside and immediately start looking for evidence, even if they do not conduct a thorough search. Remember that you can call your spouse and children from the police station, and you do not need anything else that badly. Just allow the police to take you to the station and you will help protect your rights and your case.

Were You Arrested? Call an Illinois Criminal Defense Attorney

If you have been arrested, you are likely very scared and confused. However, you do not have to go through it alone. Our skilled Rolling Meadows criminal defense lawyer at the Law Offices of Christopher M. Cosley can help. Christopher Cosley knows how to ensure your rights are protected, get evidence thrown out when those rights were not upheld, and give you the best chance of success in court. If you or someone you love has been arrested, call us today at 847-253-3100 for your free consultation.

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K31-1