Do I Need A Lawyer If Criminal Charges Have Not Been Filed?

Author: Don Pioletti Posted on: . Filed in: Criminal Law.

If you are being investigated by the police even though criminal charges have not been filed, it is in your best interest to contact a criminal defense attorney. Law enforcement officers are not required to place a suspect under arrest in order to ask questions. Some people assume that unless they have been placed under arrest and/or received the Miranda warning, nothing they say or do can be held against them in court. They are WRONG!

During police investigations, a substantial amount of evidence used to convict the suspect is actually provided by the suspect himself because he did not exercise his legal rights. Police officers wish every suspect would feel compelled to tell his or her “story” before criminal charges are filed. By talking to the police, you are simply aiding the police in obtaining evidence to support the criminal charges they intend to file. Exercise your legal rights by contacting a criminal defense attorney as soon as you suspect you are being investigated regarding any criminal charges.

You are Being Investigated for Possible Criminal Charges – Call a Criminal Defense Attorney

Even if you are innocent of any wrongdoing, you should still exercise your legal rights as soon as you are aware of a police investigation. Never assume that everything will be okay because you are innocent – innocent people are convicted and innocent people are in jail today. Our justice system is the best in the world but it is not, and will never be, perfect. You need a criminal defense lawyer to advocate on your behalf as soon as possible.

The three most important rights every citizen of the United States possesses are: (1) the right to privacy; (2) the right to an attorney; and, (3) the right to remain silent. Each of these rights should be exercised when you are facing criminal charges.

  • The Right to Privacy

The Fourth Amendment to the United States Constitution protects citizens from unreasonable searches and seizures. The laws regarding searches and seizures can be very complicated. If the officer has an arrest warrant or a search warrant, you need to comply or you will be arrested. If the officer does not have a warrant, do not give the officer permission to search your person, property, car, or home without first contacting an attorney.

  • The Right to an Attorney

Even though you have not been arrested on criminal charges, it is important to have an attorney present before you answer any questions. It is important to remember that you must assert this right very specifically. Asking the officer, “Do you think I need any attorney?” is not invoking your right to legal counsel. State very specifically, “I want an attorney present right now.” The officer should stop questioning you until your attorney is present.

  • The Right to Remain Silent

If you are being questioned by law enforcement officers, do not give into the temptation to “set the record straight.” Anything you say prior to an arrest on criminal charges can be used against you even though you have not been read the Miranda warnings. Politely and respectfully state, “I am invoking my right to remain silent.”

Investigations on Criminal Charges are Serious

Simply because you have not been arrested on criminal charges does not mean that you should not take the matter very seriously. Contact our office immediately to protect your rights if you are being investigated by the police. Law enforcement agents will use whatever means they can to obtain evidence against you — do not make their job any easier by not exercising your legal rights.

Contact Our Office for a Consultation with an Experienced Illinois Criminal Defense Attorney

The criminal defense lawyers of Pioletti & Pioletti represent individuals who need an experienced criminal attorney who will protect their legal rights. We assist clients throughout McLean, Woodford, Tazewell, and Peoria counties by providing compassionate, competent legal services. Contact our office at 309-938-4838 to schedule your free consultation.

When you need the assistance of an experienced criminal defense attorney in central Illinois, call Pioletti & Pioletti. We are dedicated to providing our clients with exceptional service and support.

Don Pioletti

Don Pioletti

Don B. Pioletti, Jr. was born on August 2, 1946 in Washington, Illinois. He graduated from Eureka High School and received a Bachelor’s Degree from Eureka College in 1970. He served in the Army during the Vietnam War and then graduated from George Mason University Law School in 1976. He served as an Assistant Illinois Attorney General and as an Assistant State’s Attorney. From 1990 until July of 2014 he served as the Woodford County Chief Public Defense Attorney.
Don Pioletti