Being charged with a crime can be overwhelming. Fortunately, it does not mean that your life is automatically over. What does it mean to be charged with a crime? In Illinois, all that it takes to charge someone with a crime is "probable cause." See 725 ILCS 5/111-2(a). Probable cause relates to the (1) facts and circumstances (2) known at the time of the charge (3) that would make a reasonable person believe (4) that a crime has been committed and (5) the person charged committed that crime.
It is important to understand what probable cause is NOT. Probable cause does not equal guilt. Being arrested for a criminal charge does not mean you are found to have committed that offense. There is a difference between being charged vs. convicted. To be found guilty (i.e. convicted), you either (1) plead guilty or (2) go to trial where the jury (or judge) decides, based on evidence, that you are guilty.
Knowing this information, what steps should you take if you are charged with a crime?
Remain Calm and Assert Your Rights
The Illinois' and United States' Constitutions guarantee your right to remain silent prior to and during an interrogation. Meaning if you are interrogated, you have the right not to answer any questions. If you are not interrogated, you also have the right not to answer any questions.
What is crucial about the right to remain silent is that law enforcement is legally obligated to respect it, meaning they have to stop asking you questions when you clearly express that you want to remain silent.
It is important to be clear when you are asserting your rights. Unclear statements, such as "I should be quiet" or "I don't know if I should say anything" may not be enough to assert your right. You must be clear. Saying something along the lines of "I am invoking my right to remain silent" should suffice.
You also have the right to an attorney. With this right, you have a right to speak with an attorney before you are questioned AND when you are questioned. You should always assert these rights prior to speaking to law enforcement. Otherwise, you risk incriminating yourself.
Do Not Incriminate Yourself
Incriminating yourself is not just about admitting to the offense that you are charged with. Giving details to law enforcement that support the charged crime, in any way, is also incriminating.
For example, let say you are brought in for questioning on a burglary offense. Law enforcement tells you that your next door neighbor accused you of breaking in and taking property from his home. What law enforcement may not know is that your neighbor was on vacation on the day of the alleged incident and he gave you permission to enter his home and care for his pets but you never touched his property.
You may want to inform law enforcement of these circumstances. However, you risk incriminating yourself with those details. In the above example, such a story would place you at the scene of the crime at a time that you knew the alleged victim would not be home. Law enforcement may disregard the innocent parts of your story as a lie.
It is best to consult an experienced attorney. Let him or her know what actually happened and let him or her prepare a defense for you.
Gather Information That Supports Your Defense
In many instances, the only people who have actual knowledge about an alleged crime are the alleged victim and the alleged defendant. This often turns into competing recollections of the event that turns on credibility. In other words, the person with the most believable story will win.
To make this easier for your attorney, document your recollection of the events leading up to your arrest and relay that information to your attorney. This is important because there are certain steps that law enforcement need to follow prior to you being arrested. If law enforcement missteps and uncovers evidence as a result of those missteps, then your attorney can ask the Judge to dismiss the case or have certain evidence thrown out. This can either lead to an advantage at trial or you not needing to go to trial in the first place.
Additionally, you should collect any evidence, documents, or witnesses that may support your defense. This may include a thread of messages from social media or from your texts or any lawfully obtained recordings.
Sharing all of this information can dramatically shift the case in your favor and prevent a conviction.
Stay Informed and Involved
When you are charged, it is important to understand the severity of the crime that you are charged with. In Illinois, there are two main types of crimes: felonies and misdemeanors. Felonies are crimes that are punishable for more than one year. Misdemeanors are less serious offenses that are punishable for less than a year. Generally, most misdemeanors can be resolved without a conviction. In contrast, some felonies can also be resolved without a conviction. Whether the State agrees to such a deal depends on the defendant's background and the allegations surrounding the charge.
Knowing what the severity of the offense is can assist you in determining whether it is worth the time and expense to take the case to trial.
Staying in contact with your attorney is also a necessity. Your attorney is there to guide you through the process. Staying in contact ensures that you are aware of upcoming court dates, legal deadlines, and any actions that you need to take.
Conclusion
In conclusion, facing criminal charges in Illinois can be overwhelming, but it is essential to understand that being charged does not equate to guilt. Probable cause is the standard required for charging, and it is based on facts and circumstances known at the time, not a determination of guilt. To navigate this situation effectively, follow these steps:
1. Remain Calm and Assert Your Rights:
Invoke your right to remain silent and your right to an attorney.
Clearly express your decision to remain silent to law enforcement.
2. Do Not Incriminate Yourself:
Avoid providing details that may support the charged crime.
Consult with an experienced attorney before speaking to law enforcement.
3. Gather Information for Your Defense:
Document your recollection of events leading to the arrest.
Collect evidence, documents, or witnesses that may support your defense.
4. Stay Informed and Involved:
Understand the severity of the charges (felony or misdemeanor).
Work closely with your attorney to assess the possibility of resolving the case without a conviction.
Stay in regular contact with your attorney to stay informed about court dates, legal deadlines, and necessary actions.
Remember, this is general information, and it is crucial to consult with a qualified criminal defense attorney for advice tailored to your specific case.
Reach out to Shavez Rosenthal for a Free Consultation
If you are charged with a crime, there are steps you can take to avoid hurting your case. A criminal defense attorney can help secure your rights and set your case up for a timely and favorable resolution.
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