Blog Home What to Expect During Police Questioning in Chicago Criminal Cases
Police questioning is never easy, but knowing your rights can protect you from self-incrimination. At the Law Offices of Andrew Weisberg, our Chicago criminal defense attorneys help clients navigate interrogations while safeguarding Fifth Amendment rights. With 29 years of experience and a former Cook County prosecutor background, Andrew Weisberg has successfully challenged hundreds of Miranda violations and suppressed unlawful confessions. We defend residents throughout Chicago against criminal charges arising from police questioning.
What Are Your Miranda Rights in Illinois?
Police must read you your Miranda rights before any custodial interrogation. Under 725 ILCS 5/103-2.1, these rights include:
- Right to Remain Silent: You have the right to remain silent and do not have to answer police questions, protected under the Fifth Amendment.
- Statements Can Be Used Against You: Anything you say can be used as evidence in court and against you in criminal proceedings.
- Right to an Attorney: You have the right to an attorney before and during questioning to protect your legal interests.
- Free Attorney If Indigent: If you cannot afford a criminal defense attorney, one will be provided for you at no cost.
Custody means you are not free to leave. Police can question you during casual encounters or traffic stops without giving Miranda warnings. Once arrested and questioned about a crime, officers must provide these warnings. Violations can lead to suppressed statements. Our Chicago criminal defense lawyer can help protect your rights.
How Do Police Interrogations Work in Chicago Criminal Cases?
Chicago police use various tactics to elicit confessions:
- Claiming they have evidence against you
- Suggesting cooperation will help reduce charges
- Minimizing the seriousness of alleged crimes
Officers may legally lie during interrogations, including false claims about witnesses or DNA evidence. These strategies prey on the natural desire to explain yourself, but rarely help your defense. Experienced Chicago criminal defense lawyers understand these tactics and know how to protect your rights.
Illinois law requires electronic recording of certain felony interrogations, including homicide and sexual assault cases, at police stations. Recordings provide an objective account. Failure to record may make statements inadmissible unless prosecutors prove they were voluntary and reliable.
How Can You Protect Your Rights During Police Questioning in Chicago?
The most important steps to protect your rights during police questioning:
- Invoke Your Right to Silence: Clearly state “I want to speak with my attorney” or “I am invoking my right to remain silent” to police immediately and unambiguously.
- Do Not Waive Your Rights: Never agree to talk with police, even if they suggest it will help your situation, reduce charges, or make them understand your innocence.
- Request an Attorney Before Speaking: Never make statements before speaking with a criminal defense attorney, as innocent statements can be misinterpreted or used strategically against you.
Once you request an attorney, the police must stop questioning immediately. Any continued interrogation strengthens motions to suppress statements. A Chicago criminal defense lawyer can guide you in effectively asserting your rights.
Common Mistakes to Avoid During Police Interrogations in Illinois
Many suspects make avoidable errors during police questioning that a criminal defense attorney can help prevent:
- Talking to convince the police of innocence, giving prosecutors evidence to use at trial
- Believing police claims about evidence, which are often false
- Giving partial statements that courts may view as voluntary participation
- Signing confessions without understanding them, unknowingly waiving rights
Avoiding these mistakes is essential for your defense. Speaking with a Chicago criminal defense attorney before answering protects your rights and legal position. Andrew Weisberg personally handles each case and will not send a novice attorney to court.
What to Do After Being Questioned by Chicago Police
If you have already spoken with the police, contact our Chicago criminal defense team immediately. We evaluate whether your statements were obtained properly and file suppression motions if your rights were violated. Our defense attorneys examine whether Miranda warnings were given, whether you were truly in custody, whether you clearly invoked your rights, and whether police used coercive tactics. Illinois courts carefully scrutinize interrogation procedures and exclude statements obtained improperly. A skilled criminal attorney can often have damaging confessions excluded from evidence entirely.
Talk to a Chicago Criminal Defense Lawyer About Police Questioning
Police questioning requires experienced criminal defense counsel familiar with Illinois law and constitutional protections. At the Law Offices of Andrew Weisberg, our Chicago criminal attorneys have successfully suppressed confessions and defended hundreds of cases. Andrew Weisberg is a Top 100 Trial Lawyer with a Client’s Choice award and A++ BBB rating.
Our lawyers know how to identify Miranda violations, challenge coercive tactics, and protect your rights at every stage. Call (773) 908-9811 or contact us online to speak to a Chicago criminal defense lawyer about your case today.
