Arrest FAQs

Q.  What do I do if I've been arrested?

A.  While you should remain calm and cooperate with police instructions, exercise your right to remain silent and not answer any questions or interrogations.  Immediately request to speak with an attorney, after which point, the police may not question you without your attorney present.  If for no other reason, requesting an attorney will put an end to any questioning by the police. 

The right to remain silent, or privilege against self-incrimination, is a Fifth Amendment right grounded in the U.S. Constitution, and cannot be used against you in court or even mentioned to the jury.  On the other hand, anything you do say can be used against you, and until you request an attorney or choose to remain silent, the police will use every interrogation technique at their disposal to get you to incriminate yourself.  

You should likewise never consent to a search of your property.  The police are allowed to conduct a search incident to a lawful arrest, but this search is limited to your person and the area within your reach, in order to secure weapons or prevent the destruction of evidence.  Otherwise, unless you give them permission, the police are required to have a warrant or probable cause in order to conduct a search.

Q.  What do I do if the police ask me to come to the station to answer some questions, but I'm not under arrest?

A.  Your right to remain silent applies to any custodial interrogation; you do not have to be under arrest for this right to attach.  A custodial interrogation is present anytime you feel you are not free to leave.  If the police want to ask you questions, it is likely to place you under their control, intimidate you, and use interrogation techniques to get you to say something incriminating.

Before any custodial interrogation begins, the police should inform you of your right to remain silent.  Even though you are not under arrest, these Miranda warnings let you know that you are a targeted suspect, and it is critical that you contact a lawyer before answering any questions.

Q.  What if the police tell me they just want to chat?

A.  If you are not the subject of a criminal investigation, the police are not required to give you your Miranda warnings before asking you questions, but you still are not required to answer their questions.  It may be that the police think you can be helpful to their investigation targeting another suspect, or it may be that the police have no suspect yet and are questioning you in order to determine if you could be a suspect.  Whatever the reason, never hesitate to refuse to answer questions without an attorney present.  With an attorney present, you may well decide to answer questions in order to clear up any suspicions the police may have, but legal advice can be critical in helping you identify when and if you should assist police with an investigation.

Belleville attorney Lyndon P. Evanko practices criminal defense in St. Clair, Madison, and Monroe counties in Illinois.  If you have questions surrounding an arrest or criminal investigation, or need dedicated legal representation, contact Lyndon P. Evanko, P.C. today at (618) 397-1997.