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What you don’t have to do under Illinois criminal law

We talk to approximately 40 people a week who have either been arrested or might be arrested.  A lot of common themes are heard in these calls which led to this post idea.  Here are some things to know when dealing with the police.  You don’t have to:

-Take a breathalyzer or walk the line or stand on one foot if you pulled over for a DUI.

-Come down to a station and answer questions because they want to talk to you.  If asked you should have a lawyer call on your behalf.

-Say anything.  Anything you say can and will be used against you.  Don’t help them build their case even if they say they will go easier on you.

-Refuse to press charges.  Sometimes they’ll tell you if you press charges then you also will be arrested (usually after a fight).  Do what you want to do, especially if you’ve done nothing wrong and can prove it.

-Let them search your car.  Again, why give them a chance to get evidence.

-Let them in to your house if they don’t have a warrant or probable cause.

-Ask for Miranda rights.  If you aren’t being questioned they don’t have to read you your rights.

-Take a polygraph.  Those tests are not reliable.

-Sign a statement.  Just like you shouldn’t talk, you shouldn’t sign.

-Agree to talk without an attorney present.  Doing so is basically giving up.

-Plead guilty.  Every day charges are dismissed against people that are guilty of a crime.  Don’t throw away your future because a cop tells you it will be easier.  He just doesn’t want to testify in court.

-Take legal advice from a cop.  We are stunned by the number of cops that tell the people that they arrest that the charge is no big deal.  If it’s a misdemeanor you can go to jail for 364 days if convicted.  It’s a big deal.  Again they often say this just to make their job easier.

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