The protective order saga we discussed in the previous posts shows only the end of the line. Before getting to that point, the police interrogated Kelly for her alleged stalking and harassing of Lizzy, who was supposedly trying to seduce her husband away from her.
To recap, police officers took Kelly into custody at her house after Lizzy accused her of stalking. Instead of calling a lawyer and putting a halt to the entire process, she decided to go with them because she thought she had done nothing wrong and therefore had nothing to hide. At the station, the interrogating officer, who does not pay too much attention to the interrogation, records erroneous information in the report. Although Kelly denied that she had any contact with Lizzy, who unbeknownst to Kelly is the complaining witness in this sordid affair, the report says that she did have such contact. On that basis, authorities arrest her.
If you are arrested in DuPage County, will your experience mirror Kelly’s? Are you at risk?
How Should You Approach a Chicago Police Investigations?
Kelly’s attitude is common in state investigations. In the federal system, before investigators begin asking questions, the person has usually received a target letter stating that an investigation is ongoing. That is not the case with regard to Illinois penal offenses. The police may have a mountain of evidence against a suspect, but the suspect has no idea whether this is true. So, many people believe that if they just go with the police and “explain things,” that everything will go away. That is the wrong response, but it is also an understandable reaction.
During questioning, the police will sometime ask you, “If you have done nothing wrong, why do you need an attorney?” If someone ever tries to tell you that you do not need an attorney, you probably need an attorney.
Assume for a second that the police do get it wrong, like in Kelly’s case above. They write down the wrong thing. If they do that, and then you go to Court, who do you think wins the argument between three Detectives vs one defendant? You betcha. The police win every time. However, if you give a statement in front of an attorney, now you have your own independent witness. Someone who is a sworn member of the bar and can testify in Court as to what you said and how you said it.
The best approach is to call a lawyer. The law is a little unclear as to when the Sixth Amendment right to counsel begins. Technically, one has a right to counsel once custodial interrogation begins, but the meaning of these two terms is hotly debated, at least in some circles. Almost everyone agrees that once officers Mirandize defendants (“you have the right to remain silent” and so on), then they have the right to counsel. You should always exercise that right because no matter how polite the officers act, their only mission is to collect evidence that will later help to convict you.
Common Procedures in DuPage County Interrogations
Exact procedure varies by department and jurisdiction, but most law enforcement agencies follow basically the same practicesbecause the legal requirements are always the same.
- Questions usually begin at the scene. Other than providing your name and perhaps some other identifying information such as a drivers’ license, you have no obligation to answer any questions. A polite but firm refusal is always the best approach.
- Interrogation continues at the station house. Sometimes the setting is rather informal and sometimes it takes place behind one of those one-way windows that TV cops use. Regardless of the environment, the officers’ objective is always the same, as outlined above.
- A lineup is usually the final step, and also the most controversial one. Lineups are inherently suggestive because officers usually instruct the witness to pick someone out of the lineup instead of saying something like “tell us if you see the person from the robbery.” Science comes into play, as well. For example, people of one race often cannot distinguish between people of another race, an effect that is tracked in the cross racial identity scale (CRIS).
Officers are rarely as unprofessional as the one who questioned Kelly, but they do make mistakes, so if you find yourself in this situation, be mindful of your surroundings and ask for a lawyer.
Contact Knowledgeable Lawyers
If at all possible, never go through a police interrogation without an attorney. For a confidential consultation with an experienced criminal law attorney in Schaumburg, contact Glasgow & Olsson.
(image courtesy of Sawyer Bengston)