The Law Offices of William Margolin

Can Someone Ask For Their Attorney During An Interrogation?


Yes, you may ask to be represented by your attorney during an investigation. There is no strict time limit on exactly how quickly it may occur. As a matter of courtesy, they will. Equally, if not more important than that is once you say to the officer, “I no longer wish to talk to you”, “I wish to remain silent”, “I wish to talk to my lawyer”, any questioning that you are involved with, must stop. Not only under state law, but also under what they call a case law, where cases have been decided at both the state and federal level, that once you request a lawyer, no further questioning can take place.

What Paperwork Do I Have Once I Get Out Of Jail On Bail?

Let us talk as if you are referring about a felony case. You have a copy of the tickets when you leave, which would be the initial charging document given to you by the police. It shows why you were charged, and what you were charged with. You will also have a paper showing when your next court date is, including time, location, and what courtroom you need to go to. If you are placed on bond, those papers will show what the conditions of your bond are. Certain times, and conditions of bond can include no drugs, no alcohol, early curfew, and you might have to entail monitoring. In Lake County, Illinois, there is a department called pre-trial services that monitors all of your actions and you are to follow all of your conditions from that bond.

Those documents not only inform you of initially what is happening with your case, but also details the restrictions placed upon you. You need those same documents to show your attorney as well.

Will I Be Able To Drive After Getting Out Of Jail?

Before the officers release you from custody, they always take your physical license. In Lake County, they will confiscate your drivers’ license, they hold onto it for the purposes of bond. In lieu of that, if you post cash, but if you are getting a recognizance or a signature bond, then they are going to hold on to your license for that purpose. Usually, if there is a restriction they will not release you to drive; it is just as simple as that. If they will release you, then you can fend for yourself in terms of how you are going to get home, and under some situations, some police departments will drive that person home if the person lives in the same town in which they were arrested. They might give you the opportunity to contact a friend or a family member to pick you up.

They put a 24-hour hold on your vehicle. When you are arrested for a DUI, and driven to the police station, your car is going to be towed to a storage facility for a 24-hour timeframe, which again is based on the understanding that if you have not had a drink in 24 hours, you should be legally okay to drive. However, in terms of being released from a police station, you are not allowed to get in your car and drive after a DUI arrest.

What Are The Common Mistakes People Make Following An Arrest?

If we are talking about DUI mistakes, there are many time-sensitive items in association with a DUI arrest. In particular, when you are arrested for a DUI in the state of Illinois, whether you blow into the machine or not, your license will is suspended for 46 days after that arrest. If you refuse to blow, or refuse to take a chemical test, or you submit to a chemical test, and you test above the legal limit, by either alcohol or any amount of illegal drugs, your license will become suspended for those 46 days. If in fact they were to get into a DUI attorney’s office early on, he or she could file papers in court to challenge the validity of that suspension. I hope that suspension could be challenged prior to the 46 days and prior to the date or the effective date of the suspension.

Procrastinating certainly hurts you in any DUI case. In terms of any type of felony, or any type of non-DUI case, the sooner you retain a defense attorney, the sooner you will feel more comfortable knowing that you have somebody on your side to guide you through the criminal justice system. This can help you out enormously in terms of your arrest, and your ability to have a good night’s sleep. In addition to that, that person is highly experienced and those players; meaning the state’s attorneys can bring the case into court earlier, and modify some of the conditions of your bond to see whether the case can be resolved earlier rather than later. Although you want to take your time and make sure you pick the best attorney, the sooner you get things moving the better.

The cost is not going to be any different in terms of you retaining an attorney earlier on in your case. The earlier you get that attorney, the sooner you can expedite your case and receive a better resolution. Sometimes cases cannot be expedited and if that is the situation, so be it. Nevertheless, give your attorney as much time as possible.

For more information on Attorney Consultation During Interrogation, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (847) 623-2424 today.

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