Criminal Defense Lawyers in Decatur, Illinois

If you are arrested in Decatur, Illinois, one of the most important things you can do is remain calm and avoid discussing the case until speaking with an attorney. You generally have the right to remain silent, and what you say may later become evidence in your criminal case.

People often seem to believe they can improve the situation by explaining what happened or telling their side of the story immediately. In our experience, this rarely helps and is often damaging to a case. This is because you may not know what information the police already have, what other witnesses have said, or what evidence investigators are trying to obtain. Even a statement that may seem harmless may later be interpreted differently than you intended. As a result, it is advisable to exercise your right to remain silent.

You generally do not have to answer questions from police about suspected criminal activity. If an officer is trying to question you about whether you committed a crime, you can clearly state that you are exercising your right to remain silent and that you want to speak with an attorney before answering questions.

It is usually best to say that clearly rather than simply refusing to speak or trying to decide question by question what you should answer. People often get into trouble by answering what they believe are harmless questions.

There are situations in which the law may require you to provide basic identifying information or comply with lawful police instructions, and traffic stops present their own issues involving driver’s licenses, registration, insurance, etc. But those obligations differ from voluntarily answering questions about alleged criminal conduct during an investigation.

If police want to interview you because they believe you are a suspect or simply say something such as they want to talk to “clear something up,” it is generally going to be in your best interest to speak with a criminal defense lawyer first.

Even if you know you are innocent, this does not eliminate the risks associated with giving a statement to police. And the fact that you have nothing to hide does not mean you should make an important legal decision without first understanding the risks.

A person can be completely truthful and still misunderstand a question, remember a detail incorrectly, use an imprecise word, or give an answer that investigators interpret differently than the person intended. Police may also possess information that you do not know about, including statements from witnesses, recordings, physical evidence, text messages, or other evidence.

An attorney can help determine why investigators want to speak with you, your role in any potential underlying matter, and whether participating in an interview makes sense. In addition, an attorney will typically communicate with law enforcement on your behalf and, if necessary and advisable, arrange the conditions under which an interview occurs.

A detention generally involves a temporary restriction on your freedom while police investigate suspected criminal activity.

An arrest involves a greater restraint on your liberty and ordinarily requires probable cause to believe that you committed an offense.

The distinction is important because different constitutional rules may apply depending on what the officer is doing and how significantly your freedom has been restricted.

No. Police do not have to read Miranda warnings simply because someone has been arrested. Miranda generally becomes relevant when a person is both in custody and subject to interrogation.

This distinction is important because a failure to give Miranda warnings does not automatically make an arrest unlawful and does not automatically result in dismissal of the criminal case. Instead, the issue is often whether particular statements obtained during custodial interrogation may be used as evidence.

Every case is a bit different. Generally, though, the Court will identify the charges against you and may advise you of the possible penalties. The Court will also address whether you are represented by an attorney, whether you intend to hire counsel, or whether you may qualify for a public defender.

If pretrial release is at issue, the Court may also determine what conditions should apply while the case is pending. In cases where the prosecution seeks detention, additional procedures and statutory findings are required.

A first appearance is not a trial. Witnesses ordinarily are not being called, there is no jury, and the State is not yet required to prove their case beyond a reasonable doubt. It is nevertheless an important stage because decisions involving representation, release conditions, and scheduling will occur.

Yes, in some cases.

Illinois eliminated cash bail, but that does not mean everyone charged with a crime automatically must be released before trial. For certain offenses, the State may ask the Court to order pretrial detention.

Depending on the case, prosecutors may argue that detention is warranted because the defendant presents a real and present threat to the safety of a person or the community, or because there is a high likelihood of willful flight from prosecution. The law does not allow detention simply because a Judge believes jail would be preferable. The prosecution must proceed under the applicable statutory framework, and the Court must make certain findings as required by law.

Because pretrial detention can have an immediate and significant impact on a person’s life, legal representation is critical.

A preliminary hearing is a proceeding used in certain Illinois criminal cases to determine whether probable cause exists to believe that an offense was committed and that the defendant committed it.

A preliminary hearing is not a trial. The State does not have to prove guilt beyond a reasonable doubt at a preliminary hearing. The probable cause standard is considerably lower than the burden the prosecution must ultimately satisfy at trial.

A defendant can waive a preliminary hearing. Many do because the burden of proof is so low. But ultimately, whether to waive is a strategic decision that should be made after discussing the circumstances of the case with counsel.

No.

A criminal charge is an accusation. It is not a finding that the defendant committed the offense.

In a criminal prosecution, the State eventually bears the burden of proving every required element of the charged offense beyond a reasonable doubt. The defendant does not have to prove innocence simply because charges were filed. So, if the State is ultimately unable to meet its burden of proof, then there is no conviction despite charges being filed.

Not necessarily.

Many criminal cases are resolved without a trial. Depending on the circumstances, a case may be dismissed, resolved through a negotiated plea agreement, or proceed to either a bench trial or a jury trial.

The right approach depends on the evidence, possible defenses, sentencing exposure, the prosecution’s offer, the client’s goals, and the risks associated with the available options.

A plea agreeement may make sense in some cases, particularly when it significantly reduces the client’s exposure or produces an outcome the client considers acceptable. In other cases, the evidence may be weak, an important legal issue may exist, or the client may decide that trial is the appropriate course.

A criminal defense attorney’s role is not simply to tell every client to plead guilty or, at the opposite extreme, to take every case to trial. The attorney should review the evidence, explain the risks and possible outcomes, negotiate when appropriate, prepare the case, and give the client sufficient information to make an informed decision about what is in their best interests.

It is generally beneficial to speak with a criminal defense attorney as early as possible after an arrest, after charges are filed, or after learning that you are under criminal investigation.

You do not need to wait to call us until after your first court date. If detectives are asking to interview you, police have executed a search warrant, you believe charges are coming, or you have received a summons or notice to appear, speaking with a criminal defense attorney early can help you understand what you should and should not do.

Early representation may also allow an attorney to communicate with law enforcement or prosecutors, preserve evidence, obtain information about the allegations, advise you before an interview, address pretrial release issues, and begin evaluating possible defenses.

Once a case has been filed, counsel can obtain discovery, review police reports and recordings, investigate factual issues, identify possible suppression or dismissal arguments, negotiate with the prosecution, and prepare the case for trial.

The early that we understand what is happening, the sooner we can begin to help you make informed decisions.