Former State's Attorney With Over 35 Years of Experience
If you are in the course of an arrest or have been arrested, the criminal justice system in the U.S. gives you rights as an arrestee. Invoking the right to speak to a criminal lawyer enhances your chance of getting justice instead of representing yourself.
You might implicate yourself negatively through the entire process of getting arrested and doing some jail time, which might overshadow more important issues about your case in federal courts. Having a well-versed law expert like Michael J. Brennan, who has a special attorney-client relationship, is essential for criminal defendants.
Any experienced and reputable criminal defense lawyer like Michael J. Brennan will tell you that the essential thing to remember during or after you get arrested is to have the right to an attorney and remain silent.
The smart move to make when arrested is to keep quiet until an attorney represents you. However, you can only get the protection of these rights if you use them. Here are the basics first:
When a police officer takes you into custody, you have been arrested. When they take you into custody, you are not free to leave. While you might be taken to jail after being arrested, the arrest usually occurs much earlier. For instance, if you are stopped on suspicion of a criminal case and questioned without the freedom of terminating the questioning, you are usually under arrest.
A Police office can only arrest you for criminal charges under certain circumstances:
· If they witness you are committing the crime
· If they have reason to believe (probable cause) that you committed a crime that is punishable under state laws
· If magistrates or judges in state and federal courts issue an arrest warrant, having found some probable cause
The majority of people that get arrested do not have to be forceful during the incident. The office stopping you might not even have a right to take you into custody if it is illegal. You might be charged with resisting arrest or battery on a police officer during the arrest. It could even be worse.
During the scuffle, you could wind up with unnecessary injuries. If you get arrested without probable cause, the smart decision is to take the battle to court instead of the streets. Criminal defense attorneys will take care of everything.
It is routine to get searched after the arrest, either in jail or at the scene. Either way, the officers will confiscate any contraband or damning evidence. Next, you will be fingerprinted and photographed, and a record of the arrest will be made.
During the arrest, the arresting officer must inform you of your legal rights to get an attorney and remain silent if you do not want to incriminate yourself legally. Though the wording might be standardized, the law protects you using the ‘Miranda Rights.’ It essentially means that you have the right to remain silent and an attorney. Also, if you do not have access to a legal representative from a criminal law firm, the state will appoint you a court-appointed attorney.
Getting professional representation from a criminal defense attorney like Michael J. Brennan will ensure your rights are legally protected. However, some law officers may ask you to waive these rights (Miranda waiver) in a written and legally binding document. This is never a good idea, no matter your situation.
As mentioned earlier, you have the right to an attorney and the right to remain silent. However, you have to insist on these rights. After invoking your rights and letting them know about these rights, remain silent. Ensure your arresting officer knows that you wish to remain silent and would like access to your lawyer.
It is acceptable to give the officer your name and other basic information without saying anything about the incident you were arrested for. Law enforcement officers are well-trained to make you give out incriminating evidence that might make it easier for the prosecutor’s case.
Having an experienced private lawyer like Michael J. Brennan instead of court-appointed attorneys and public defenders enables you to know what to say to the officers, fellow jail mates, or your loved ones over the phone. All the conversations are usually recorded.
In most states in the U.S., including Illinois, an arrestee is legally entitled to make a phone call to an attorney, a bail bondsman, or their family. As mentioned above, a public defender will be appointed to you if you cannot afford one.
Michael J. Brennan advises you to memorize a few numbers of individuals you can call in the unfortunate event of an arrest. In most cases, the officers will not allow using your phone to make such calls. Importantly, most of the calls are recorded unless you call your lawyer.
Getting arrested is a stressful and unpleasant ordeal for anyone. However, it might happen to you, regardless of the circumstances. Yet, you might think that you can if you explain the situation and cooperate and walk out of jail when it happens. Most law enforcement might tell you that. As experienced attorney Michael J. Brennan can advise you, you cannot make any decisions about your criminal case or talk your way out of jail without the consultation of a seasoned lawyer.
Furthermore, it would be best not to commit to any lineup or any other demand from the law enforcement officers without consulting your attorney. This is the only way to get the best possible outcome for your criminal case.
If you want to get the best legal representation in your county as an accused and arrested person, you need the expertise and experienced attorneys in your locality. Michael J. Brennan is an exceptional and honorable attorney who will not only represent and defend you but will be sure to keep everything confidential to get you out of the situation you are in.
For more on how to react during or after an arrest, visit Michael J. Brennan at our office in Orland Park, IL. You can also call 708-586-4879 for a free case evaluation.