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What Should I Do if I’m Arrested?

An arrest can happen to anyone at any time. In fact, in 2011 there were 132,863 arrests in the State of Illinois. Knowing how to properly handle an arrest can make all the difference in the outcome of a criminal matter. Here is what you need to know:

Legal definition of arrest

An arrest is any situation where a reasonable person would not feel free to leave police custody. This is a broad concept that could apply to numerous situations. Common examples include:

  • Being handcuffed by police
  • Being locked in the back seat of a police vehicle
  • Being booked at a police station

Right to remain silent

When you are under arrest, you have the right to remain silent. You only need to answer the basic booking questions, such as your name, date of birth and address. You should not provide any other information or answer any police questions. Do not attempt to talk your way out of the situation, as this may even result in further criminal charges (such as resisting a peace officer). Remember that any statement you make can be used against you during a criminal trial.

Right to legal counsel

Without a lawyer present, the police may try to manipulate you into making an incriminating statement. It is, therefore, vital that you exercise your right to counsel. When you are under arrest, you should directly and explicitly state your demand to contact a lawyer. Remain silent until your lawyer arrives.

After an arrest, you should consult with an experienced Cook County criminal defense attorney as soon as possible. If you find yourself in need of experienced defense counsel, contact our office today to schedule a consultation.

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Paul Chatzky
Founder

Born in Havana, Cuba, Paul Chatzky is fluent in Spanish and English, enabling him to effectively represent a wider range of individuals and families. He is AV® Preeminent™ Peer Review Rated by Martindale-Hubbell®, and is listed among Illinois Super Lawyers, which is a reflection of his high ethical standards and exceptional legal knowledge. As a…

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Deborah E. Chatzky
Paralegal

Prior to joining the firm as a paralegal, Debbie was employed by major banking institutions as a loan processor and as an executive secretary. Debbie was also employed as an administrative assistant for the Board of Jewish Education. Having majored in Sociology, Debbie graduated from the University of Florida in 1980. Debbie completed her studies…

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