LEGAL BLOG

To be arrested for a crime can be a very overwhelming situation. It often times leaves individuals confused, especially if they know that they are innocent. Chicago has been in the news over the years for allegations of police abuse of power. To add to the fire are startling facts that reveal that less than 0.5% of individuals who are arrested actually get to see an attorney following their arrest.

This information was revealed by CNN following a request from the Chicago Police Department. It is on the heels of a report from a task force established by the Chicago Mayor to investigate the police practices. The results of that report indicated that persons arrested were only able to make phone calls after processing and interrogation.

Is This a Breach of Constitutional Rights?

The right to an attorney is a right afforded to all individuals who are charged. It is a constitutional right that is an integral part of the Miranda Rights that is repeated to persons who are being arrested. In response to the statistics, the Chicago police department maintains that each detainee is read his or her rights and that many are released after processing without any questioning.

The task force report and the CNN story is cause for much concern, especially in a city where murder rates are high and there are ever growing outraged about racial profiling and brutality by the police force. The Chicago Police department states that there were no breaches of constitutional rights and that many persons opt not to call a lawyer so as not to prolong their processing. But with more than 99% of arrestees not having access to even free legal aid, the Chicago Police is coming under more fire.

What Should You Do if You’re Arrested

Knowing your rights is critical to every criminal case. Being able to stand firm in those rights can make a significant difference. Here are some useful tips:

• Do not resist arrest – This is can lead to further charges and may aggravate an otherwise calm situation. If you feel that you are being arrested as a result of racial profiling or without probable cause, verbally express your concerns, but do not seek to assault the police officer. Remember if the police officer is going to arrest you, he or she will proceed, so physical resistance will not help.
• Remain silent – Once arrested whatever you say can be used against you. It is, therefore, important that you only provide information that is necessary to your processing. You should decline to answer questions by remaining silent or asking for an attorney.
• Ask for an attorney – You have a right to an attorney and you should indicate that at the earliest possible opportunity. Many innocent individuals get into further trouble by answering what seem like innocent questions without a Chicago criminal defense attorney present.

Always remember that the police have a job to do and their objective is generally different from yours. You should always secure your rights by making sure you have a lawyer present after your arrest.

How Chicago Criminal Defense Lawyer Michal O’Meara Can Help

Chicago criminal defense lawyer Michael O’Meara is an experienced attorney who is ready to protect your rights and help you beat your charges. As a former prosecutor, O’Meara has an intimate knowledge of the workings of the Chicago criminal judicial system. The next time you are arrested, make a call to lawyer Michael O’Meara at 312-909-0706. At O’Meara Law LLC, your case is in good hands. Contact an Illinois criminal defense attorney that you can trust.