When you are arrested by a police officer, this means that you are in custody. This means that you are not free to leave. If you are arrested, you will be taken to the local police station. If the police believe that they have enough evidence to prove you guilty beyond a reasonable doubt in court of committing a crime, you may be charged with a crime. However, if the police believe they need to gather more evidence, they can hold you in custody for a limited period of time for questioning.
Whether you are charged with a crime or being held for questioning, you need to understand that you are under no obligation to answer any questions asked by the police. What you need to do is provide some basic information, such as your name and address, but you are not required to answer any questions involving the reason behind your arrest.
Once you are arrested and are in police custody, certain constitutional rights automatically apply. Before the police can question you, they have to notify you that:
-You have the right to remain silent.
-Anything you say while you are being questioned can be used against you in Court.
-You have the right to have a lawyer present while you are being questioned.
-You will be provided a lawyer for free if you cannot afford one.
These are commonly known as your “Miranda” rights. If the police question you without informing you of your Miranda rights, and they try to use a statement made by you during the questioning in Court, your lawyer can ask that the Court throw out that statement and not allow the state to use it against you in your criminal case. But this does not apply to statements that you voluntarily make to the police. The police do not have to read you your Miranda rights in order to use a statement that you voluntarily made to them without being questioned. If you make any statements to the police when you were not in custody, the statements can be used against you in Court if you were not read these rights. The police are only required to inform you of your Miranda rights if you are in police custody and you are being questioned. Both of those elements must be present in order for the police to be required to read you your Miranda Rights. The police can question you once you voluntarily give up your Miranda rights.
However, if the police read you your Miranda rights and then trick you into getting you to talk to them, your lawyer will not be able to keep your statements from being used against you in Court. It is common for the police to make people think that if they talk to them and tell them what happened, nothing will happen to them and they will be free to go. I have had cases where my client was told by the police that a friend was blaming them for the crime or that a witness had identified them as being involved in a crime. Those statements were a lie. The client was fooled into making a statement to the police that was later used in court to prosecute them. Unfortunately, the United States Supreme Court has said that the police can lie to you to get you to make a statement. The court will not throw out your statements because you were lied to by the police or tricked into talking to them.
If you are charged with a felony, you will be processed at the police station. Your picture will be taken and your fingerprints will be taken. Your information will be run through a computer system and your entire criminal background will be put together. You will then be taken to Bond Court to appear before a Judge at a Bond Hearing. If you are charged with a misdemeanor, you will be allowed to post Bond at the police station and given a court date. If you are being charged with a Misdemeanor Domestic Battery, you may be taken to Court for a Bond Hearing even though most Domestic Battery charges are a Misdemeanor. At the Bond Hearing for a Misdemeanor Domestic Battery, the judge will set a Bail amount and impose any restrictions that may be requested by the prosecutor. The most common restrictions for a defendant facing a Domestic Battery charge is that they have no contact with their spouse or their boyfriend or girlfriend, and not possess any firearms.
If you are being charged with a crime, you should immediately consult with an experienced criminal defense attorney who knows what they are doing and can help you avoid going to jail and having a criminal conviction on your background which will appear in a routine background search.
James Dimeas is a nationally-recognized, award-winning, criminal defense lawyer with over-27 years of experience handling criminal cases throughout Chicago, Cook County, DuPage County, Kane County, and Lake County. Attorney and Practice Magazine gave James Dimeas the “Top 10 Criminal Defense Attorney Award for Illinois.” The National Academy of Criminal Defense Attorneys gave James Dimeas the “Top 10 Attorney Award for the State of Illinois”. Recently, the American Society of Legal Advocates named James Dimeas a “Top 100 Criminal Defense Lawyer In the State of Illinois For the Year 2018.” James Dimeas was named a “Best DUI Attorney” and a “Best Criminal Defense Lawyer in Chicago” by Expertise. The American Institute of Criminal Law Attorneys named James Dimeas a “10 Best Attorney for Client Satisfaction.” The National Trial Lawyers named James Dimeas a “Top 100 Criminal Defense Trial Lawyer.” AVVO rates James Dimeas as “Superb”, the highest rating possible for any criminal defense lawyer in the United States.
If you are facing criminal charges, you can contact James Dimeas anytime for a free and confidential consultation. You can always speak to James Dimeas personally by calling him at 847-807-7405.
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