Mistakes to Avoid After an Illinois Arrest

 Posted on June 25, 2025 in Criminal Law

As you might imagine, being arrested can be confusing, stressful, and terrifying, especially if it is your first time dealing with the criminal justice system. Under these circumstances, it is far too easy to say or do something that can end up harming your case without even realizing it. Some of these inadvertent mistakes can result in harsher penalties, missed legal opportunities, or long-term adverse consequences.

Regardless of whether you are facing misdemeanor criminal charges or felony criminal charges, knowing what you should and should not do following your arrest is just as important as knowing what your rights are. Speaking to a Wheaton, IL criminal defense attorney gives you the best chance at a strong, successful legal defense.  

What Are the Biggest Mistakes You Can Make During and After an Arrest?

Whether you are arrested immediately after committing a criminal offense or later, when the police show up at your home, you should never resist arrest. Regardless of whether you think the police are making a mistake, never try to flee, become belligerent with arresting officers, or do anything that can be construed as being uncooperative. Once you are arrested, avoid the following mistakes that can come back to haunt you later on.

Never Talk to the Police Without an Attorney Present

You may feel that if you can just explain what happened, the police will let you go home. The police may even tell you that if you just confess to the crime, they will let you go home. This is never true. The police are allowed to lie to suspects and can even tell you that someone close to you said you committed the crime (when they did not).

It is absolutely true that anything you say can and will be used against you. Politely invoke your right to remain silent and ask for an attorney as many times as you must before the police understand you will not talk to them. Your only legal requirement is to provide your name and address.

Never Destroy or Conceal Evidence

While you should never offer up evidence against yourself, you should also never destroy or conceal evidence. Tampering with evidence is a separate, serious offense that falls under the category of obstruction of justice. In most cases, obstruction of justice is a Class 4 felony, carrying penalties that include imprisonment for one to three years and fines of up to $25,000. Always let your attorney advise you regarding evidence.  

Never Assume You Have No Defense

Many people end up pleading "guilty" to a criminal offense because they figure they committed the crime, and they might as well get it over with. This is a serious error that can result in lengthy prison sentences. Criminal defense attorneys know many things that you probably do not.

Your attorney could potentially have your charges dropped for a variety of reasons, including lack of solid evidence on the part of the prosecutor, police errors made during the arrest, no probable cause for the arrest, no warrant, no intent on your part (a necessary element in many criminal offenses), or a violation of your civil rights. Even if your case goes to court, the prosecution has to prove the case against you beyond a reasonable doubt.  

Never Assume Your Charges Are Not All That Serious

Do not talk about your case with friends, family, or co-workers because they could be subpoenaed and ordered to repeat what you said. Never ignore court dates, deadlines, or bail conditions. Never post on social media about your arrest – anything you post can be used as evidence against you.

Contact a DuPage County, IL Criminal Defense Lawyer

If you have been arrested and charged with a crime, you need a highly skilled Wheaton, IL criminal defense attorney from Stephen A. Brundage who has experience with local courts, judges, and prosecutors. Attorney Brundage has an extensive background in law enforcement, having served as an investigator, evidence technician, and police officer, and has practiced law for more than 30 years. This affords key advantages for his clients. Call 630-260-9647 to schedule your free consultation.