Legal Question in Criminal Law in Illinois
I'm looking for a way to get a mistrail
Is it possible to get a mistrail if the police put the wrong thing on your report? Is it also possible to get a mistrail if you stated you wanted your lawyer, but the police never let you call your lawyer before you gave your statement?
1 Answer from Attorneys
Re: I'm looking for a way to get a mistrail
A mistrial only allows the State to correct the mistake and start over, unless the constitution was violated. A mistake in a report will not get you a mistrial. It's great for impeachment during cross examination. The only reason for a lawyer to be present during booking is to protect your right against self incrimination. If you didn't confess to anything, your rights were not violated. That also is a dead end. Get a lawyer and let him do the lawyering. As you can see, you don't know enough to represent yourself.
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