Getting arrested can be one of the most stressful moments in a person’s life. Because of this, it is important that you avoid some of the most common pitfalls during this process. Avoiding these 5 mistakes will improve your chances of escaping a criminal conviction and will make the whole process easier.
1) Talk to the Police:
There is no easier way to turn a winnable case into a losing case. The police will inevitably ask you questions about what happened, whether you were guilty, and other questions that may incriminate you. The 5th Amendment to the United State’s Constitution preserves the right to remain silent for a reason. Many people will try to prove their innocence to the police or try to rationalize what happened. This will likely result in the State’s case being easier to prove and can lock you into that story at trial. If you get arrested, the only words you should tell the police are that you want your lawyer present.
2) Resist or Runaway:
Many people are upset that they are being arrested, and understandably so. However, attempting to resist or run away can add charges. Under Illinois law, resisting a Police Officer is a Class A Misdemeanor punishable by up to a year in jail and fines of $2500. However, if you cause injury to the officer, this becomes a Class 4 Felony, with a maximum punishment of 1-3 years in prison. Further, fleeing an officer is also a Class A Misdemeanor. If fleeing with a vehicle, this could become a felony if you flee over 21 miles over the speed limit or through 2 traffic lights. A conviction for aggravated fleeing also suspends your license. The best option you have when being arrested is to let it happen and let your attorney handle the charges being brought against you.
3) Not showing up to court:
Failure to show up to court only prolongs the process. In Illinois, judges are quick to issue bench warrants if you don’t show up to court. This could result in you being rearrested and spending time in jail. Even for petty traffic tickets that are not jailable, the judge could order a conviction that would result in fines and the possible suspension of your license. Further, not showing up makes it more difficult for your attorney to adequately represent you, especially if you don’t call them back.
4) Not comply with the terms of your bond:
If you are arrested, but released after paying bond, that will likely come with conditions ordered by the judge. Some common conditions include having no contact with the alleged victim, not to consume alcohol or drugs, or to attend certain treatment options. Under Illinois law, Violation of Bail Bond is a Class A Misdemeanor punishable by up to a year in jail. Thus, it is essential that you do not violate the terms of your bond. If there are difficulties with complying with your bond, let your attorney know, and they can try to modify your bond conditions.
5) Not get an Attorney:
The criminal courts are difficult to navigate, extremely nuanced, and brutally punishing to the inexperienced. A great attorney can be the difference between serving prison time and getting your case dismissed. At the very least, an attorney makes the process much easier, and can save you a lot of headache. In contrast, someone going in without an attorney will likely result in a long, dragged-out case that with a worse outcome for you. There is a reason that the Constitution preserves the right to an attorney: not getting one is setting yourself up for failure.
Written By Attorney Sean Thompson
Rockford Criminal Defense Attorney