Chicago Criminal Lawyer Blog
Ensure the Strongest Case With a Chicago Defense Attorney
Interviewer: What are some of the most common client mistakes detrimental to their case?
Fred Dry: They try to talk the police officer out of arresting them, by confessing. In effect, they talk themselves into something by saying too much.
For example, a person gets stopped by the police, their car gets searched and the police find some kind of contraband, whether it’s drugs or stolen property, and they say, “Oh, that was ‘So-and-So’s’ who was in my car. He left it there. It’s not mine, it’s his.” The problem with that is you admit you knew it was there. This is an example of one the most common client mistakes.
Role of Miranda Rights
Interviewer: How do Miranda Rights work?
Fred Dry: If you’re arrested you’re supposed to be told you’re under arrest and informed that as a result of the Fifth Amendment that you have a right to remain silent.
However, if you do say something, it can and will be used against you, if you don’t have an attorney or can’t afford an attorney, an attorney will be appointed to represent you and you cannot be compelled to make a statement but if you do talk, it can and will be used against you.
A lot of people hear that and they just start talking. It’s strange, but that’s what often happens.
Common Response to Being Arrested and Prosecuted for a Crime
Interviewer: What have you learned about people’s behavior and I guess their reaction to being arrested and prosecuted for a crime? What sort of human insights have you gained into the whole process?
Fred Dry: There are different ways that people respond. Once again, this is one of the common mistakes detrimental to their case: Some people respond to it with the attitude that, “Well, it really wasn’t that big a deal. Why did the cop have to bother with me?” Or “Yeah, I did it but so what? Or “I didn’t think it was that serious.”
On the other hand, there are people who come to me and say, “You know what? I know I made a mistake I know you’ll do the best you can.” Help me resolve it.”
Lastly, there are those people who are truly accused wrongly. They know it and I see it. They definitely need a vigorous defense and will get it in my office.
Regardless of which type of response to the charges my client presents, each and every one of them, whether guilty or not guilty, will get thorough and meticulous representation with an eye to winning, where possible.
I have heard that 95 out of 100 people who get arrested either plead guilty or are found guilty. That means that only five people out of every 100 who are arrested are found not guilty. In my practice, we pride ourselves on doing better than average.