Schedule a Free Consultation|
Call 815-740-4025

Arrests & Interrogations FAQ

Common Questions About Arrests and Interrogations

Being arrested or questioned by law enforcement can be a stressful and confusing experience. If you find yourself in this situation, it is important to understand your rights and the steps you can take to protect yourself. While the questions and answers can provide some help in these situations, it is always a good idea to secure representation from a criminal defense attorney. By contacting an attorney as soon as possible after you are arrested, you can make sure your rights will be protected in any interactions with law enforcement. At the Law Offices of Jack L. Zaremba, P.C., we are here to ensure that you can take the best steps to defend yourself, and we are ready to stand by your side and help you avoid a conviction.

What Is Probable Cause?

Probable cause refers to the reasonable belief that a crime has been committed, based on the specific facts or circumstances of a case. For an arrest to be lawful, police officers must have probable cause, and they cannot make an arrest based on a suspicion or "hunch." Law enforcement officers must have enough evidence or information to lead a reasonable person to believe that a suspect has committed or is committing a crime. If you believe that police did not have probable cause to arrest you, it may be possible to challenge the arrest and have any charges against you dismissed.

Do Police Always Need an Arrest Warrant?

No, police do not always need an arrest warrant to make an arrest. There are certain situations where they can make an arrest without obtaining a warrant first. For example, if they witness someone committing a crime or have probable cause to believe that someone has committed an offense such as driving under the influence (DUI), they can make an immediate arrest without obtaining a warrant. However, when arresting someone in their own home, police will generally be required to obtain a warrant beforehand.

What Are Miranda Rights?

Miranda rights refer to the Constitutional rights that protect those who are taken into custody and subjected to interrogation by law enforcement officers. These rights were established in a landmark Supreme Court case, Miranda v. Arizona. When performing an arrest police officers must inform someone of their right to remain silent and their right to have an attorney present during questioning, and they must also warn the person that anything said can be used against them in court.

When Are Miranda Warnings Required?

The "Miranda warning" must be read by a police officer to a suspect when performing an arrest. This warning, which informs a person of their right to remain silent, their right to be represented by an attorney, and the fact that any statements they make could potentially be used by the prosecution in a criminal case, are required when two conditions are met: (1) The person must be in the custody of law enforcement, and (2) the person must be subject to interrogation by law enforcement officers. If these conditions are met, then law enforcement officers must inform the individual of their Miranda rights before questioning them.

If police officers fail to provide a Miranda warning before questioning someone, this does not necessarily mean that the case against the person will be dismissed, but it may affect the types of evidence that can be used during a trial. Any statements a person made during an interrogation in which they were not informed of their rights will be inadmissible in court. Since interrogations are often a key part of the arguments against a person who is being tried for a criminal offense, the inadmissibility of these statements may result in the dismissal of charges due to a lack of evidence.

Can Someone Be Forced to Give Samples of Blood, Urine, or DNA?

The answer to this question depends on the specific circumstances of a case. In some cases, law enforcement may have the authority to obtain a search warrant to obtain samples if they can establish probable cause that the person's bodily fluids or DNA are relevant to an ongoing investigation. However, there are also situations where people may be required by law to provide these samples without a warrant, such as in DUI cases where implied consent laws apply. Before voluntarily submitting to a blood sample, cheek swab, or urine test, it is important to consult with an attorney and make sure you take the correct steps to protect your rights.

What Should I Do if I Am Arrested?

If you are arrested, it is important to remain calm and remember your rights. You have the right to remain silent and not incriminate yourself. It is generally advisable not to answer any questions from law enforcement officers until you have spoken with an attorney. You can cooperate with police officers' instructions but avoid volunteering information that could potentially be used against you later. In general, it is best to avoid answering any questions or providing information other than basic information such as your name and address, and you can inform police that you want to speak to a lawyer before saying anything.

Should I Hire an Attorney if I Am Being Questioned by Police?

If you suspect that you may be a suspect in a criminal case, it is highly recommended that you consult with an experienced criminal defense attorney before answering any questions from police officers. If you are arrested, you can assert your right to remain silent and your right to legal representation. An attorney can advise you on how best to protect your rights, and they can be present with you during an interrogation.

How Can an Attorney Help Me During an Interrogation?

An experienced criminal defense attorney can ensure that your rights are protected in any interactions with law enforcement. Your lawyer will guide you on what questions should be answered and what information should not be disclosed. They can inform you of the potential consequences of providing officers with certain information, and they can help you understand the best ways to avoid saying or doing anything incriminating. Additionally, they can intervene if law enforcement officers violate your constitutional rights during questioning, ask inappropriate questions, or attempt to coerce or intimidate you.

Contact Our Will County Criminal Defense Lawyer

As soon as possible after being arrested or learning that you are being investigated by police, it is crucial to seek professional legal advice and representation. At the Law Offices of Jack L. Zaremba, P.C., our experienced attorney has a deep understanding of criminal law, and he will provide you with the guidance you need during interrogations and throughout the course of your case. Contact us today at 815-740-4025 to schedule a free consultation and learn how we can help you successfully defend against criminal charges.

badge badge
badge badge badge badge badge
Back to Top