Legal Question in Criminal Law in Illinois

Re: Question about defendants rights

What happened to you is not uncommon. In a certain number of cases the officer arrivng at the scene chooses not to interview everyone involved, and decides that there is probable cause to arrest one of the people based upon the officer's observations, statements by other(s), and perhaps physical evidence. You do not have a constitutional right to make a statement to the police, or to put it another way, the officer has no duty to "hear your side of the story" before making an arrest. In most cases the person arrested would be fortunate for the police not to take a statement since almost every single statement so taken winds up being used in court against the defendant. It never ceases to amaze me, even after handling hundreds of criminal cases, to hear a person wanting to make statements to the same people that are arresting you, putting handcuffs on you, putting you behind bars, requiring bail for you release, and setting in motion a legal process which can and most often does cost you a great deal of time, hassle and money not to mention potentially costing you your very freedom itself. When a person is a suspect, or when a person is detained or arrested, that person should stand upon the constitutional right to remain silent. Now in your own particular case, "your side of the story" may very well present enough reason for the charges to be dismissed, or for a verdict of "not guilty" after a trial. What I am telling you is that you need to hire an attorney to represent you, and then tell your attorney everything you know about the incident. The attorney will decide what to do with this information. I handle criminal defense work in several Illinois counties, so if you are interested in a free telephone consultation, you may call me at 314-727-2822. If I can help you with your case, I will quote you a reasonable retainer fee after we discuss your case. Anything and everything you tell me will be strictly confidential.