Felonies and Misdemeanors Defense Attorney

Top Mistakes to Avoid After Being Arrested

Getting arrested in Joliet is scary and fast. One minute you’re in cuffs, the next you’re trying to make sense of bond, court dates, and calls from detectives. What you do in the first hours and days can shape your entire case. At O’dekirk Allred & Rhodes, LLC, we’ve guided countless people in Joliet and nearby Manteno, Wilmington, and Morris through this exact moment. Here’s our plain‑English guide to the top mistakes to avoid after being arrested, so you can protect your rights and your future.

Key Takeaways

  • One of the biggest mistakes to avoid after being arrested is talking to police without a lawyer—invoke your right to remain silent and stop speaking.
  • Another mistake to avoid after being arrested is consenting to searches; ask if there’s a warrant and let your attorney handle it.
  • Treat all jail phones and video calls as recorded and never discuss case facts there—keep communications brief and purely logistical.
  • Stay off social media about the case, avoid contacting alleged victims, witnesses, or co-defendants, and preserve—not destroy—potential evidence.
  • Follow every release, bail, and pretrial condition precisely, attend all court dates, and keep your address current with the court.
  • Hire experienced local counsel early, be fully candid with your lawyer, and don’t sign Miranda waivers or written statements without legal review.

Misunderstanding Your Rights In The First 24 Hours

The first day matters more than most people realize. Illinois law gives you the right to remain silent and the right to an attorney. Use both. The officers have a job to do, but so do we. Protecting your rights starts with not giving up key protections before we’re by your side.

Waiving Your Right To Remain Silent

When you’re stressed, it’s tempting to “clear things up.” Don’t. Anything you say can be used in court, even casual comments. Say, “I’m invoking my right to remain silent. I want a lawyer.” Then stop talking. We can speak for you and prevent accidental admissions.

Consenting To Searches Without A Warrant

If police ask, “Mind if we take a look?” and you say yes, you just waived a major defense. Do not consent to searches of your car, phone, home, or bags. Ask if they have a warrant. If they don’t, you can politely refuse. Let us challenge any search the right way, based on Illinois and federal law.

Talking From Jail Phones Or Video Calls That Are Recorded

Jail calls are recorded. Prosecutors listen. Do not discuss facts, names, timelines, or “what really happened” on those lines. Keep calls short and purely logistical, and wait to discuss your case with us in a confidential setting. In Will County and surrounding courts, we’ve seen recorded calls sink cases that were otherwise defensible.

Talking To Police Without An Attorney

Detectives in Joliet, Wilmington, Morris, and Manteno are trained interviewers. They can be polite and professional, and still be gathering evidence to use against you. You’re not required to answer questions without a lawyer. Ask for us early. At O’dekirk Allred & Rhodes, LLC, many of our attorneys are former prosecutors, so we know how these interviews work and where people slip up.

“Just Explaining” Or Giving Partial Statements

Partial stories create contradictions. Contradictions look like lies. If you think a quick explanation will make this go away, it usually doesn’t. Let us review the facts first, then decide if making a statement helps or hurts you.

Accepting “Off-The-Record” Or “Friendly” Interviews

There’s no such thing as off the record in a police interview room. If you’re being questioned, assume it’s noted or recorded. We’ll step in, set limits, or advise you not to interview at all.

Signing Written Statements Or Miranda Waivers

Don’t sign anything you don’t fully understand. A Miranda waiver means you’re agreeing to talk without those protections. A written statement can lock you into details that might be wrong, rushed, or taken out of context. We’ll review before you sign.

Damaging Your Case Outside The Station

Even after release, what you do outside the station can make or break your defense. Think of this period as evidence control. We want less harmful material in the record, not more.

Posting On Social Media Or Texting About The Case

Screenshots live forever. Don’t post, comment, DM, or joke about the arrest. Don’t text play‑by‑plays to friends. Prosecutors can subpoena social media and phone records. If you’ve already posted, stop now and talk to us before taking any action.

Contacting Alleged Victims, Witnesses, Or Co-Defendants

Reaching out can look like intimidation or witness tampering, even if your intent is innocent. If you must communicate for safety or logistical reasons, let us arrange it through proper channels or seek a court order where needed.

Destroying, Altering, Or Concealing Potential Evidence

Deleting messages, tossing clothes, or wiping a phone can create separate charges and make your case harder. Preserve what exists. Tell us where the material is and let us manage it legally. In cases throughout Joliet and Will County, careful evidence handling has been the difference between dismissal and conviction.

Mishandling Release, Bail, And Pretrial Conditions

Whether you’re released on recognizance or with conditions, treat those rules like a lifeline. Violations can send you back to custody and put the judge on alert.

Violating No-Contact, Travel, Or Substance Conditions

Read the order, line by line. If it says no alcohol, that includes a single beer at home. If it says no contact, that includes texts relayed through friends. If you need changes for work or childcare, we can motion the court rather than risk a violation.

Missing Check-Ins, Classes, Or Monitoring Requirements

Pretrial services in Will County can include check-ins, classes, or SCRAM/GPS monitoring. Missed appointments or tampering alerts lead to warrants or bond revocation. Put all requirements into your calendar, set multiple reminders, and keep proof of attendance.

Failing To Plan For Childcare, Work, And Transportation

Life doesn’t pause for court. Arrange backup childcare, notify your employer appropriately, and plan a reliable ride to the Will County Courthouse in Joliet. If your license is suspended, don’t drive. Ask us about lawful transportation options or driver’s license reinstatement paths we regularly handle.

Making Court And Paperwork Mistakes

Court moves on schedules and documents. Small administrative errors can cause big problems.

Missing Arraignment Or Other Court Dates

If you miss a hearing, the judge can issue a warrant. Show up early, dress neatly, and sit in the right courtroom. If an emergency hits, call us immediately so we can notify the clerk or the State’s Attorney and try to reset.

Ignoring Discovery, Deadlines, Or Protective Orders

Discovery is how we see the evidence against you. If the court orders you to provide materials, do it on time. If there’s a protective order, follow it to the letter. We’ll track deadlines and handle the exchange, but we need your cooperation and prompt responses.

Not Keeping Your Address Updated With The Court

If the court mails you a notice and it bounces, you’re still responsible for missing the date. Update your address with the clerk and with us. This is a frequent issue we see in Joliet cases and it’s easily avoidable.

Choosing Poor Legal Representation

You get one shot to handle your criminal case the right way. Experience in local courts matters, especially in Joliet and neighboring Manteno, Wilmington, and Morris.

Waiting Too Long To Hire Counsel Or Request A Public Defender

The earlier we’re involved, the more options we have. We can influence charging decisions, protect you during interviews, and secure favorable conditions at the bond stage. If you can’t afford private counsel, ask for a public defender right away rather than navigating alone.

Prioritizing Cost Over Experience And Fit

Fees matter, but so do results. Ask about trial work, negotiations in Will County, and familiarity with charges like DUI, drug offenses, or domestic matters. At O’dekirk Allred & Rhodes, LLC, many on our team are former prosecutors with deep experience in local courts, which helps us anticipate strategy and push for better outcomes.

Withholding Information From Your Lawyer

We’re on your side. Tell us everything, even the parts you think are bad. Surprises help the other side, not us. Full candor lets us build a stronger defense and avoid missteps with the State’s evidence.

Conclusion

If we could boil this topic down to a short checklist, it would be this:

  • Stay silent and ask for a lawyer immediately.
  • Don’t consent to searches.
  • Don’t talk on recorded jail lines about the case.
  • Avoid social media and any contact with witnesses or co-defendants.
  • Follow every release and court rule exactly.
  • Hire experienced local counsel as soon as possible.

Handling an arrest well isn’t about being clever. It’s about discipline and getting help fast. We serve clients throughout Joliet every day, and we regularly assist people in Manteno, Wilmington, and Morris who need steady guidance and strong advocacy. When you work with O’dekirk Allred & Rhodes, LLC, you get a team that knows the Will County system, understands how prosecutors think, and shows up for you at every step.

Need answers now? Call us for a free consultation. Let’s protect your rights, your record, and your future, starting today.

Frequently Asked Questions

What’s the first thing I should do after being arrested in Joliet?

Stay silent and ask for a lawyer immediately. Clearly state, “I’m invoking my right to remain silent. I want an attorney.” Do not explain, argue, or answer questions. Early legal counsel protects your rights during booking, bond, and any detective interviews, which can shape your entire case.

Should I consent to police searches after being arrested?

No. Politely refuse consent to any search of your car, phone, home, or bags unless officers have a warrant. Saying “yes” waives a major defense. Ask if they have a warrant and wait for your lawyer. Your attorney can challenge unlawful searches under Illinois and federal law.

Are jail phone or video calls recorded in Will County? What should I avoid saying?

Yes. Jail calls are routinely recorded and prosecutors review them. Do not discuss facts, timelines, names, or “what really happened.” Keep calls brief and logistical—like arranging childcare or a lawyer’s contact info—and save all case discussions for confidential meetings with your attorney.

What pretrial mistakes can hurt my case after being arrested?

Violating no-contact, travel, or substance conditions; missing pretrial check-ins, classes, or GPS/SCRAM monitoring; posting about the case; contacting witnesses or co-defendants; and failing to update your address with the court. Treat conditions like a lifeline, calendar every requirement, and let your lawyer handle communications.

How soon should I hire a lawyer or request a public defender, and what should I bring?

Immediately—early counsel can influence charging decisions, interviews, and bond. For your first meeting, bring the citation/complaint, bond paperwork, court notices, contact info for witnesses, timelines, photos, and any relevant messages. Don’t curate or delete items; preserve evidence and let your attorney decide what’s helpful.

Can an Illinois arrest be expunged or sealed if charges are dropped?

Often, yes. Arrests that don’t result in conviction are commonly eligible for expungement in Illinois; many records that aren’t expungeable may be sealable. Some offenses have limits, and timelines or court approvals apply. Eligibility depends on your case details—consult a criminal defense attorney to confirm your options.

 

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