Chicago Criminal Lawyer Blog
I frequently get calls from clients asking me what they should do because the police called asking them to come to the police station to answer some questions. Being asked by the police to come to the station for questioning can be intimidating and confusing. Whether you’re a witness, a person of interest, or potentially a suspect, it’s crucial to handle this situation carefully to protect your rights and avoid unintentionally complicating matters. Here, I will guide you through the essential steps to take if the police request your presence for questioning, so that you are informed and prepared.
1. Stay Calm and Composed
First and foremost, remain calm. A police officer’s request for questioning doesn’t necessarily mean you’re in trouble or under arrest. However, it’s important not to assume your role in their investigation. Keeping a level head allows you to think clearly and respond appropriately.
2. Understand Your Rights
In the United States, you have fundamental rights when dealing with law enforcement, including:
• The Right to Remain Silent: Under the Fifth Amendment, you cannot be compelled to incriminate yourself. You have the right to refuse to answer questions that could be used against you in court.
• The Right to an Attorney: You are entitled to have a lawyer present during questioning. An attorney can help protect your rights and ensure you don’t inadvertently say something that could harm your case.
• The Right to Leave: Unless you’re under arrest, you are generally free to leave a police station at any time. Always clarify if you are being detained or if your presence is voluntary.
3. Clarify the Nature of the Request
Before agreeing to go to the station, ask the officer about the purpose of the questioning. Questions to consider include:
• Am I a suspect in a crime?
• Is this a voluntary meeting, or am I required to appear?
• Do I need an attorney present?
Understanding your role can help you make an informed decision about how to proceed.
4. Consult an Attorney Immediately
If the police contact you for questioning, your first step should be to consult with a criminal defense attorney. Even if you believe you have nothing to hide, having legal representation ensures your rights are protected. An experienced lawyer can:
• Advise you on whether to attend the questioning.
• Prepare you for the types of questions you may be asked.
• Accompany you to the station and intervene if the questioning becomes inappropriate or coercive.
5. Determine If You’re Under Arrest
When the police request that you come to the station, it’s essential to determine whether this is a voluntary interview or if you’re being arrested. If you’re under arrest, the police must inform you of your Miranda rights, including your right to remain silent and your right to an attorney.
If you’re not under arrest, you’re not legally obligated to stay at the station and can leave at any time. However, leaving abruptly could raise suspicion. It’s better to consult your lawyer before making any decisions.
6. Avoid Speaking Without Legal Representation
One of the most critical pieces of advice is to avoid speaking to the police without an attorney present. Even seemingly harmless statements can be misinterpreted or used against you. Law enforcement officers are trained to elicit information, and you may unintentionally provide details that could complicate your situation.
Politely but firmly state, “I would like to consult my attorney before answering any questions.” This approach shows you’re exercising your legal rights without being confrontational.
7. Gather Essential Information
Before heading to the station, ensure you have all the necessary details:
• The name and badge number of the officer who contacted you.
• The time and location of the meeting.
• Whether you’re required to bring any documents or items.
Share this information with your attorney so they can prepare adequately.
8. Document Your Interaction
If you decide to go to the police station, document everything:
• Note the date, time, and duration of your visit.
• Record the names and badge numbers of all officers involved.
• Keep a record of the questions asked and your responses.
This documentation can be valuable if any disputes arise later about what occurred during the questioning.
9. Be Cautious of Common Police Tactics
Police officers may use various strategies to elicit information. These can include:
• Implying Cooperation Will Help You: Officers may suggest that answering their questions will make the process easier or benefit you. This is not always true; anything you say can still be used against you.
• Presenting Evidence: They might present evidence, whether real or fabricated, to pressure you into confessing or providing details.
• Downplaying the Situation: Officers might make the situation seem less serious than it is to encourage you to talk freely.
Always rely on your attorney’s guidance to navigate these tactics.
10. Know When to Say No
You are under no obligation to answer police questions or agree to a voluntary interview. If you’re unsure about the implications of going to the station, it’s okay to decline politely. A statement like, “I’d like to consult my attorney before agreeing to this meeting,” is perfectly acceptable.
11. Prepare Mentally and Logistically
If your attorney advises you to attend the questioning, go prepared:
• Dress professionally to convey respect and seriousness.
• Bring a notebook to jot down important details.
• Stay composed, regardless of the tone of the questioning.
12. Follow Up with Your Attorney
After the questioning, meet with your attorney to discuss what happened. Provide them with a detailed account of the conversation, including any questions you were asked and your responses. This allows your lawyer to plan the next steps effectively.
Conclusion
If the police ask you to come to the station for questioning, it’s crucial to handle the situation with care. By staying calm, understanding your rights, consulting with a criminal defense attorney, and approaching the situation strategically, you can protect yourself and avoid unnecessary complications.
Remember, the police’s primary goal is to gather information for their investigation, not necessarily to help you. Your priority should always be safeguarding your rights and ensuring you’re treated fairly throughout the process.
James Dimeas, is a nationally-recognized, award-winning, criminal defense lawyer, with over-32 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.
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