The MacNeil Firm Ltd.

What Are The Common Mistakes Committed After An Arrest?


People make a lot of mistakes after they are arrested for a criminal charge, as observed by our Illinois Criminal Defense attorney. The biggest mistake after an arrest is to have the same thing happen again in a short amount of time. It sounds funny, but it does happen more often than we think. Another common mistake is we should never contact any complaining witnesses involved in our cases. Even if you do not mean any malicious intent, contacting a witness could be interpreted as a form of intimidation, which would result in a new offense. In addition, most likely you will not be able to convince them to drop any charges, because it really is not up to them at this point. In a domestic violence situation, you should be aware that there is a statutory 72 hours stay away period from the accusing witness. Consult an Illinois Criminal Defense attorney within this time period to get the best possible defense.

It means that for 72 hours after you are arrested, you are not allowed to go near the complaining witness. In some domestic violence situations, there might be a condition of bond that orders you to stay away from individuals and various places. A violation of that would form the basis for possibly a new charge, and probably cause your bond in the original case to be either increased or revoked, in which case you would have to stay in jail for the duration of the case.

What Happens To My Driving Privileges After A DUI Arrest?

Your physical driver’s license will be confiscated by the police department after an initial DUI arrest, but assuming that your license was valid at the time of your arrest, it is still valid for another 45 days before any suspension kicks in. You are provided with a receipt for your confiscated license, which allows allow you to drive during those 45 days. The Illinois secretary of state will send you a confirmation that will tell you the exact date and time that your suspension starts.

Will I Have A Criminal Court Appearance In The First Month After An Arrest?

In misdemeanor cases, the first court date is within 30 days of an arrest, sometimes longer. Initially, felony cases will have shorter court dates. You might have a bond hearing, and one or two other court dates within the first month of an arrest with felony charges, but after that, they are about a month apart. Our Criminal Defense attorney in Illinois is well-versed in this area of law.

How Often Should I Expect To Meet With An Attorney In The First Month Following An Arrest?

I cannot speak for other lawyers, but I do generally meet with my clients as soon as possible after they are released. My next meeting will be after I receive the evidence in the case, which is referred to as discovery. Then we will discuss that information. Some situations require additional meetings than others. I might have more questions for my clients, but I make sure my clients know they can reach me at all times either by phone or in person. If the case progresses form there, I will have a few more strategy meetings with my clients, and go over options of how we will proceed with their case.

Is It Advisable To Start Pre-Trial Voluntary Counseling Or Treatment?

Starting drug or alcohol counseling in a case early on will not hurt your case, but I would prefer to have a strategy meeting with a client before they begin treatment. Obviously, if someone has a medical or addiction problem, they should address that as soon as possible, but I like to discuss that if possible before treatment starts. Overall, treatment, or evidence of counseling will almost never hurt a case, sometimes it can help, but not always.

Would I Be Required To Meet With A Pre-Trial Probation Officer?

Sometimes a condition of bond means you may have to meet with some sort of a pre-trial service officer. Generally, you see that in most drug cases. You might be required to do random drug testing as part of a condition of bond, or you might have to take a drug test at every court date, or take a mandatory drug test with the pretrial officer as well.

For more information on Common Mistakes After An Arrest, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling our Criminal Defense attorney in Illinois at (815) 290-9170 today.

Donald N. Macneil, Esq.

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