Friday, February 4, 2011

What To Do If You Are Arrested



People often ask me what to do if they are arrested. It is important to know that the decisions you make immediately after your arrest can shape the outcome of your case. The following guide provides some important things to keep in mind should you find yourself under arrest.

Be Polite to the Police

The first thing to do when you are arrested is to show respect to the police officer(s) making the arrest. I am not saying this to lecture you about your manners. I am saying this because police officers like to be treated with respect. Often times these police officers who are placing you under arrest will have some discretion on whether to charge you with a crime or let you go. They have discretion in whether to release you with a misdemeanor charge or to contact detectives to seek felony charges. Therefore, it is in your best interest to be polite and courteous to the police. I have seen many cases both as a prosecutor and a criminal defense lawyer in which a client with a big mouth has talked himself/herself into more and greater charges by arguing and angering the police. Conversely, I have had many cases in which an officer that was treated well signs off on a reduction of charges in court. Important note: this does not mean to give a confession. Don't do that. Just be nice.

The Officer is Not Your Friend

I have learned that the best police officers and detectives are those that treat the person arrested with respect. When police yell and scream at suspects, the person tightens up and does not cooperate. It is the friendly officer who gets suspects to talk. Do not fall for this. "Nice" officers will often act as though they are your friend. They will offer "friendly" advice. They will politely tell you that if you "just tell us what you did; you will walk out of here tonight." These kinds of promises are almost always false. The officer is not your friend. It is his job to get a confession from you and then charge you with a crime. As I will discuss in a future section, it is best to realize you are your only friend when you are under arrest. Ask for a criminal defense lawyer and politely decline to speak.

Ask For a Lawyer

The most important thing to do when you are under arrest is to immediately ask for a defence lawyer. The officer is not going to provide you with a lawyer. However, when you ask for a criminal defense lawyer, the officer is no longer allowed to discuss the case with you. They are obligated to stop all questioning. They don't always follow this rule. Therefore, you need to continue to ask for a defence lawyer. Eventually, they will stop questioning you. Your request for a lawyer can never be used against you. It is your constitutional right so take advantage of it. Police will often try to make you feel bad about asking for a criminal defense lawyer. They might say, "If you are innocent, why do you need a criminal lawyer?" Just continue to ask for a lawyer. Any statement you make will hurt you later.

Don't Try and Outsmart the Police

I often meet clients who made the horrible mistake of thinking they can outsmart the police. I don't care how smart you are, this is not your area of expertise. You will not be able to talk your way out of trouble. If the police have enough evidence to charge you, they will charge you. This is true regardless of what you say. The only thing you can doing by talking to the police about the case is to fill in the blanks necessary to charge you with the crime. I have seen many suspects who would have walked out the door of the police station until they opened their mouths and started talking. It is always best to politely ask for a lawyer and stop talking.

If you are Charged, Don't talk to anyone About your Case (Other than your lawyer)





If you should have the misfortune of being charged with a crime, do not talk to anyone about your case. You should only speak with your criminal lawyer about your case. There are many people out in the world who do not care about you or your freedom. When you decide to share the details of your case with one of your "friends", it may come back to haunt you in a serious way. Many people are also facing prosecution. One way that they may catch a break on their case is to provide information about another person or crime. I have seen many cases where individuals talked to "friends" only to have the "friend" go to the police with the information. The bottom line is that you should only speak with your criminal defense lawyer.

Andrew M. Weisberg is an aggressive criminal defense lawyer Chicago who has been serving clients throughout Illinois for many years. Areas of expertise are in laws relating to murder, traffic violations and more. Hire an experienced DUI Defense Lawyer Chicago.

Sunday, January 30, 2011

DUI Defense Lawyer - 3 Tips for Selecting The Best


Illinois is great city, but it also has a high rate of DUI arrests. Many people charged for driving under the influence every year, it's safe to say that courts are so busy with these cases. The lawyers in this area also kept quite busy.

The penalties for this type of driving crime are very steep here. For the first crime, you may live 48 hours to six months in jail, charge a fine from $390 to $1000, and lose your driving privileges’ for up to six month. You are also needed to take alcohol/drug rehabilitation classes. If it's your fourth crime in Chicago, you could spend from two to three years in the Illinois state jail. You would also lose your license for up to four years. Any DUI case can also have your vehicle seized for up to six months. While you may consider that you are just going to defend yourself, it's not a wise step. You must to find an experienced DUI lawyer who knows the area, the police, the courts, and other important factors.

If you're charged in this great city for DUI, there are 3 tips you must to know in order to select the best lawyer. The right lawyer may be able to keep you out of jail.

Here Are The 3 Tips You Need To Know:

1.) You Need a Lawyer that Understands the Court System
The best lawyers understand how the system works in this great city. Each city and county is different, mainly when it comes to dealing with the court system. A new member of the Illinois bar practicing law may not know all the ins and outs of the courts yet. They also may not be well-known with all the nuances and considerations required to get things done. However, one that is experienced with the courts, prosecutors, and judges capable to work a deal where you get to have your driver's license. They are also capable to have you out of jail.

2.) You Need an Aggressive Lawyer that Can Fight Effectively For You in The Court System

You should an aggressive lawyer that will fight for you. You don't want one that will basically take the first plea offered by the prosecutor, unless that is your best deal. It's vital that they will carefully study your case. There are many reasons that may get this type of case may end up dismissed. For the right lawyer will know how the police and sheriff's departments work in this area. Your lawyer essential to be thorough in studying each thing about the cases - not just trying to get your money and the easiest disposition they can. A lawyer who is familiar with the police and sheriff's departments here is also a plus. If there is any sign of discrepancy from these law enforcement agencies, a DUI lawyer will know how to find out more information.

3.) You Need A Lawyer that Doesn't Run a "Cattle Call" Business.

There are lots of lawyers that provide deeply discounted rates for driving under the influence cases. For people without more cash, this may looks like a good thing, but in fact, you can become nothing more than only a number. You definitely don't want your lawyer to forget your name or your face as you appear for court! Avoid these types of "cattle call" lawyers and be more than just a file on his desk.

A Final Thought

How do you get the right lawyer? Start with discussing to your friends and family members from the area to see who they suggest. Many lawyers here keep a website that lists their areas of practice. The local yellow pages are also a great place to start. When it comes to paying the retainer, some lawyers will take payments once you pay a sizeable chunk of the retainer. Keep in mind that the court and the police officers cannot suggest a lawyer. Besides, do you truly want to take their recommendations?

Find an experienced aggressive DUI defense lawyer Chicago who can fight for you and dismiss the charges and reduced.

Thursday, January 20, 2011

Criminal Defense Lawyer - What Can One Do For You?




Getting charged with a crime is a fearsome experience. You don't know what your future holds as far as fines and jail or prison time, but one thing you know is - you're in big problem. A criminal felony is not something you should fight by yourself. You require someone with the education, proficiency and experience in handling criminal matters. As soon as you are faced with a criminal charge, you must to hire an attorney as soon as possible. He or she will help you understand your constitutional rights. Understanding your rights can make or break your case.

Often people who want the services of a lawyer are generally stressed and not always thinking clearly. This is common. But your mental state can also be a vast disadvantage to your case. A criminal defense lawyer will deliver you with the cool-headed assessment that you require. They will look at your case and help prepare you for every scenario. The lawyer will not ignore facts, but see facts clearly and find the great way to handle them. They will fight so you can get the best outcome for your particular crime, whether you are innocent or guilty. A lawyer is fact-based and approaches a case void of any emotion.

He or she can work to get your charges dismissed or reduced. They do this by working with the prosecutor during the investigation stage. They will collect all evidence to see how strong the case is against you. Every possible witness will be contacted for a more in-depth look into your case. All of this is to make a foundation that they will use during your trial.

A lawyer may be able to help you get out of trial if you allow a fair plea bargain or there is not sufficient evidence to make your case stick. If your case goes to trial, the lawyer will study and cross- studying witnesses. They will present your side of the argument to the judge and jury. Your criminal defense lawyer lays out any misconceptions or untruths.

A lawyer has spent years in school to get the education to correctly handling crime cases. After law school, they go on to get actual-life experience by beginning their own firm, working in a private firm or they start their career in government by working as a public defender. Criminal defense lawyers can handle misdemeanor and felonies. They can handle a DUI and white color offenses. These persons are capable to have good attention to detail and be very much disciplined. Brilliant negotiators and communicators, a criminal defense lawyer is the person you need if you find yourself charged with a criminal crime.

A good criminal defense lawyer will help you with the stress that comes with being charged with an offense. They have the experience from other clients and they understand the emotions you are going through. You will be prepared on how to handle yourself during the whole situation, i.e. taking the stand. They will tell you how to handle particular situations that may come up outside the courtroom and how every outcome could affect your case. Criminal charges are not something you want to face alone and thankfully you don't have to.

Find an aggressive experienced criminal defense lawyer Chicago  that fight for you.