Criminal Investigations Attorneys

If you are aware that someone has made a complaint about you to a law enforcement agency, or if you are aware that you are being investigated for a criminal offense, then now is the time to contact Lyon & Kerr. Knowing your rights is useful, but exercising your rights without the assistance of seasoned trial attorneys can be difficult. Contact Lyon & Kerr to make arrangements for our attorneys to act as your representatives, assert your constitutional rights, and to develop your defense strategy.

If you are arrested or are contacted by local, state, or federal law enforcement, please remain calm, remain silent, and ask for an attorney. Remaining silent means that – outside the presence and advice of a criminal defense attorney – you should not disclose to law enforcement anything other than your name and date of birth. The United States Constitution and the Illinois Constitution protect your rights to privacy, silence, and legal counsel during the criminal investigation.

During the investigation we will communicate with law enforcement agents on your behalf and – if necessary and advantageous to your defense – make any necessary arrangements for your cooperation or surrender in a controlled environment. We generally advise that you not cooperate or surrender outside the company of an experienced trial attorney.

When you retain us, we will provide you with a written Notice of Representation & Assertion of Rights. We will use the signed Notice as a means of identifying ourselves to any involved law enforcement officer, and to make a record of the fact that you are represented and asserting your constitutional rights. Additionally, in case of an emergency, you will keep a signed copy of the Notice within arm’s reach of those locations where you might be confronted by law enforcement: your residence; place of employment; vehicle; desk or locker at work; purse; or briefcase. If you are contacted directly by any law enforcement agent, do not make any statements whatsoever.

Immediately notify the attorneys at Lyon & Kerr if you receive any communications from any law enforcement agent. If any detective or investigator confronts you outside of our presence or representation, please get the agent’s name, phone number, and email address. Do not answer any questions, other than to provide your name and date of birth. If you are arrested before retaining the services of an experienced trial attorney, do not resist arrest. Calmly request an opportunity to call your attorney.

You may very well have a viable defense, or compelling information in mitigation, but now – unless you have already retained the services of a criminal defense attorney – is not the time to share any of that information with law enforcement officers. If you have not retained an experienced attorney, do not confirm or deny the allegations, or attempt to share your theory of the case. Do not sign any other consent forms or written statements, or provide access to your cell phone, other electronic devices, and/or social media accounts. We will make those arrangements if necessary.

Fourth Amendment Rights

The Fourth Amendment guarantees the right to be free from unreasonable searches and seizures. This means that law enforcement cannot search you, your property, or your belongings without a valid reason supported by a warrant based on probable cause. Specifically, the Fourth Amendment protects against:

1. Unreasonable Searches: Law enforcement officers cannot search you or your property unless they have a legitimate reason to do so, often requiring a search warrant.

2. Unreasonable Seizures: The police cannot take or seize your property without a valid reason or legal authority.

3. Search & Seizure Without Probable Cause: In most cases, law enforcement must have probable cause to believe that a crime has been committed before they can search you or your property.

4. Search & Seizure Without Warrant: To perform a search or seize property, the police typically need a warrant that is issued by a judge or magistrate. This warrant must specify the place to be searched and the items to be seized.

When Do Law Enforcement Officers Need a Warrant?

Generally, a search warrant is required for law enforcement to search your home, your vehicle, or your person. However, there are certain exceptions where a search or seizure can occur without a warrant.

These include:

• Consent: If you give consent to search, law enforcement does not need a warrant or probable cause. However, you are not required to consent to a search, and you have the right to refuse. If officers ask to search your property or vehicle, you have the right to say, “I do not consent to this search. I am exercising my 4th Amendment Rights.”
• Plain View Doctrine: If an officer is legally in a location and observes illegal items in plain view, they may seize those items without a warrant.
• Exigent Circumstances: In emergency situations, such as when there’s a risk of evidence being destroyed or a suspect fleeing, law enforcement may be able to conduct a search or seizure without a warrant.
• Search Incident to Lawful Arrest: After making a lawful arrest, police can search you and the area within your immediate control (like your car or the area around you) without a warrant.
• Automobile Exception: If police have probable cause to believe a vehicle contains evidence of a crime, they may – in some circumstances – be able to search without a warrant.
• Stop and Frisk: In certain situations, police officers may stop and frisk a person if they have reasonable suspicion that the person may be armed or involved in criminal activity.
• What Should You Do if You Are Stopped or Searched by the Police?

Understanding how to protect your Fourth Amendment rights in real-world situations can help ensure you don’t waive your protections unintentionally.

Here’s what to do if you are stopped by police:

• Know Your Rights: You have the right to be free from unreasonable searches. You do not have to consent to a search, whether it’s a search of your person, vehicle, phone, or home. If the police ask to search your belongings, you can politely refuse by saying: “I do not consent to a search.”
• Do Not Resist a Search or Seizure: If the police begin searching you or your property, do not physically resist. While you have the right to object verbally, resisting or interfering can lead to additional charges. The suppression of evidence is resolved in a courtroom after charges are filed, not on the street at the time of the search or during an investigation.
• Inquire About a Warrant: If police want to search your home, they must have a warrant in most situations. You can ask to see the warrant before allowing them to enter.
• Stay Calm and Polite: Remain calm and polite throughout the encounter without waiving your rights. If you believe your rights are being violated, do not argue with officers on scene. We will protect your rights and move for the suppression of evidence in court after charges are filed, and after the prosecution discloses to us all of its evidence.

What Happens if Your Fourth Amendment Rights Are Violated?

If law enforcement conducts an illegal search or seizure, any evidence obtained as a result may be excluded from trial. This is known as the Exclusionary Rule, which prevents illegally obtained evidence from being used against you in court. For example, if police search your home without a warrant or probable cause, any evidence they find could potentially be suppressed, or thrown out by the Court. However, it’s crucial to consult with an experienced criminal defense attorney to understand the best course of action for your case.

The Fourth Amendment is a critical tool for safeguarding your privacy and protecting you from government overreach. Without these protections, law enforcement could invade your personal space and property without justification, making it harder for individuals to feel secure in their own lives. Retain experienced trial attorneys to assist you in understanding your rights, and in asserting those guaranteed rights, when necessary. At Lyon & Kerr, we are prepared to enforce the balance between personal freedom and public safety.

Understanding Your 5th Amendment Rights & Self-Incrimination

The Fifth Amendment protects individuals from being compelled to be a witness against themselves. It states: “No person…shall be compelled in any criminal case to be a witness against himself…” This right is often referred to as the right to remain silent, and it extends to both verbal statements and physical evidence.

The Fifth Amendment of the U.S. Constitution is one of the most powerful legal protections available to individuals in the criminal justice system. It guarantees several important rights, but perhaps the most well-known and vital protection is your right against self-incrimination. This right allows you to refuse to answer questions or make statements that could potentially incriminate you in a criminal case. Your exercise of these rights, and your silence in the face of interrogation by law enforcement cannot be used against you in Court. Understanding your Fifth Amendment rights, and having an experienced trial attorney ready to assert those rights on your behalf, can make a critical difference in the outcome of legal proceedings.

When Should You Assert Your Fifth Amendment Rights?

Knowing when to invoke your Fifth Amendment rights is crucial. Here are some key moments when it is important to assert your right against self-incrimination:

• Before Speaking to Police: If you are arrested or detained, you have the right to remain silent. Before answering any questions, it’s wise to invoke your right to silence and request an attorney. This prevents law enforcement from using anything you say against you in court.
• Example statement: “I am exercising my right to remain silent and demand an opportunity to speak with my attorney.”
• During Questioning: If you are being questioned by law enforcement, whether at the police station, during an arrest, or in any other setting, you can choose not to answer. You do not need to explain why you are remaining silent and exercising constitutional rights.
• In Court: As a defendant, you cannot be forced to testify against yourself. Your attorney will advise you on whether testifying in your defense is in your best interest, but you have the absolute right to remain silent and to force the prosecution to prove its case beyond a reasonable doubt.
• While Being Investigated: If you are under investigation for a crime, anything you say to law enforcement can be used against you. Even seemingly innocent statements, admissions, and denials of minor details can be used against you by the prosecution to secure convictions. Exercising your constitutional rights during an investigation can never be used against you in Court.

What Happens if You Waive Your Fifth Amendment Rights?

If you waive your Fifth Amendment rights and choose to speak with law enforcement or testify in court, anything you say can be used against you. Additionally, if you do not invoke your right to remain silent during questioning, you may inadvertently waive the right to challenge statements that the prosecution seeks to admit against you in Court. In a limited number of cases, an experienced trial attorney might advise you to waive your Fifth Amendment rights to strengthen your defense, but we cannot advise a waiver of any rights without being able to fully consult with our client in a private setting.

Protecting Your Rights—Our Commitment to You

Being arrested does not mean you have lost your rights. At Lyon & Kerr, we are dedicated to defending individuals who have been charged with serious criminal offenses, and to ensuring that our constitutional rights are upheld throughout the entire legal process. If you or a loved one has been arrested, the trial attorneys at Lyon & Kerr are prepared to work with you, to work for you, and to ensure that your constitutional rights are vigorously protected.

Contact us today to discuss to investigation that may already be well underway, and to prepare a dynamic defense with experienced trial attorneys.