False Accusations and Wrongful Arrest in Illinois

 Posted on March 19, 2024 in Criminal Defense

Being accused of a crime you did not commit can be a terrifying and confusing experience. False accusations and wrongful arrests happen more often than many people realize. If you find yourself in this difficult situation, it is crucial to understand your rights and take the proper legal steps to protect yourself. An Illinois lawyer can help you strategize the best next steps forward with you.

Know Your Rights During an Arrest

The first thing to remember is that you have constitutional rights, even when arrested. Illinois law enforcement officers must follow specific procedures during an arrest. They cannot use excessive force, and you have the right to remain silent and request an attorney. Do not resist arrest, as this could lead to additional charges against you. Comply with the officers’ instructions, but do not answer any questions until you have legal representation.

Gather Evidence and Documentation

Once you have secured legal representation, start gathering evidence and documentation related to your case. This may include alibi witnesses, video footage, receipts, or any other materials that can help establish your innocence. Your attorney will know how to properly collect and present this evidence in court.

Understand the Charges

Your lawyer will carefully review the charges against you and the evidence the prosecution plans to present. In Illinois, false accusations can lead to various charges, such as filing a false police report, perjury, or even criminal defamation in some cases. It is essential to understand the specific charges you are facing and the potential consequences if convicted.

Pursue All Legal Remedies

If you have been falsely accused and wrongfully arrested, your attorney will explore all legal options available to you. This may include filing a motion to dismiss the charges, challenging the prosecution’s evidence, or negotiating a favorable plea bargain if the circumstances warrant it.

Seek Compensation for Damages

In addition to clearing your name, you may be entitled to compensation for damages resulting from the false accusation and wrongful arrest. This could include lost wages, legal fees, and even compensation for emotional distress or damage to your reputation. Your lawyer can help you determine the possibility of filing a civil lawsuit against the accuser or pursuing other avenues for restitution.

Clearing Your Record

If the charges against you are ultimately dismissed or you are found not guilty, it is essential to take steps to clear your record. In Illinois, depending on the circumstances of your case, you may be eligible to have your arrest record expunged or sealed. This process can help protect your future employment and housing opportunities and your personal reputation.

Contact a North Brook, IL Criminal Defense Lawyer

Facing false accusations and a wrongful arrest can be an incredibly stressful experience. Having a Skokie, IL criminal defense attorney by your side is crucial to protecting your rights and achieving the best possible outcome. Matthew Gebhardt has served as a prosecutor at the Cook County State’s Attorney’s Office. He has a wide range of expertise in both criminal and real estate law within the jurisdiction of Illinois. Call The Law Offices of Matthew R. Gebhardt, P.C. at 847-239-4703 for a free consultation.