Three Common Misconceptions About Criminal Law in Illinois

 Posted on June 04, 2018 in Criminal Defense

For many people, their knowledge of the criminal justice system comes from television shows or other types of media. As such, they may get ideas in their heads of what should happen in criminal cases. In reality, many events that take place on television are not accurate depictions of actualcriminal defense cases in Illinois.

Real life cases do not follow a script, and they can be unpredictable and shocking. It is important to know which facts are the truth and which are mere misconceptions. In light of this,consider the following three common misconceptions about the criminal justice system.

Any Time I Am Not Read My Miranda Rights, My Case Will Be Dismissed

A defendant must be readhis or her rights anytimehe or she isin custody of the police and is being interrogated. Being ‘in custody’ is a complicated issue. Merely talking to the police does not always mean that you are in custody, and neither does being placed in handcuffs.

There areseveral factors that go into determining when a defendant is in custody. If a defendant’s rights are not read, and he or she is in fact in custody, this does not mean the case will automatically be dismissed. Generally, any statement made during the custodial interrogation will be suppressed and unusable in trial. However, there is no requirement that a case must be dismissed.

If I Ask an Undercover Police Officer if He is a Police Officer, He Has to Tell Me

There is no requirement for a police officer, who is working undercover for whatever reason, to disclose that he or she is a police officer. Undercover operations are used in a variety of situations, and the disclosure of such would make an operation useless.

I Will Not Go to Jail for My First Offense; I Have a Family and a Job

There are sentencing guidelines for crimes committed in Illinois. The severity of the crime determines what the sentence will be. Just because someone has been charged withhis or her first ever criminal act, it does not meanhe or she could not go to jail. Judges have likely seen a lot of defendants go through their courtroom, including many first-time offenders and those with families. A judge will follow the sentencing guidelines and will not fall prey to emotional pleadings for no jail time in certain crimes.

We Can Help You Today

At the Law Offices of Christopher M. Cosley, we make sure to provide you with accurate legal information so you are aware of what is happening in your case. Our talented Rolling Meadows criminal defense attorneyhas the skill and knowledge to defend you in an array of criminal matters. Contact us today to get the best defense available.

Sources:

https://repository.law.umich.edu/cgi/viewcontent.cgi?referer=https://www.google.com/&httpsredir=1&article=1028&context=book_chapters

http://www.ilga.gov/commission/lru/2005pfc.pdf