Chicago Criminal Lawyer Blog
The First Conversation With Police Can Become The Foundation Of The Case
Many criminal cases in Chicago begin with a conversation that feels informal. A police officer may stop someone near a parked car in Pilsen, ask a few questions after a disturbance in River North, request an explanation during a domestic call in Lakeview, or ask a driver where they are coming from after a DUI stop on the Dan Ryan. The person being questioned may not think they are under arrest. They may believe they can fix the problem by being polite, giving a short explanation, or showing they have nothing to hide. That is often the moment when the legal risk begins.
As Chicago criminal defense attorneys, we often see cases where the State’s strongest evidence is not a fingerprint, DNA result, surveillance video, or eyewitness identification. It is a statement the accused made before understanding the seriousness of the situation. A person may say, “I was there, but I did not do anything.” That may place them at the scene. A person may say, “That is my car, but I did not know what was inside.” That may connect them to contraband. A person may say, “We argued, but I never hit her.” That may confirm contact with the complaining witness in a domestic battery case. A person may say, “I only had a couple of drinks.” That may become evidence in a DUI prosecution. The person may be trying to deny guilt, but the prosecutor may use part of the statement to prove presence, knowledge, intent, control, identity, or motive.
