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Dave Kennett
Dave Kennett, Lawyer
Category: Criminal Law
Satisfied Customers: 27689
Experience:  25 years experience practicing attorney
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I am in Illinois, and although I was told I was not under arrest

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I am in Illinois, and although I was told I was not under arrest but held for questioning, my family were told that i was under arrest for sexual assault. I was never told that i was under arrest nor read my rights, who do I believe? Later on after questioning, I was released and told that the case is closed. I've never been in a situation like this before, and reading stuff online, I'm thinking I should have maybe retained a lawyer before giving any statement but they released me however. I was told the case was closed...should I have received any paperwork? What should I expect to happen moving forward? Thanks, Chad
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Dave Kennett replied 5 years ago.
Dear JACUSTOMER - If the case is closed then I'm not certain what you mean by "moving forward" but you should never, ever talk to the police without first talking to a lawyer, arrest or no arrest. Until you are under arrest the police do not have to read you your rights so they try to get as much information as possible without reading you your rights. If the police told anyone you were under arrest and if they continued to question you but not inform you that you were under arrest then if you are ever charged with a crime you can file a motion to suppress any statements you may have made before your rights were read. Obviously if there was no arrest and the case has been closed then there would be nothing further you can or should do.
Customer: replied 5 years ago.
Hello David,

Moving forward as in should I follow up, or ask for documentation that I was released and the case was really closed? I was told by the detective that while this case was pretty much a he said-she said type of scenario, what i've told him so far matches what they've found out so far, and that this person doesn't have anything as she cannot remember clearly what happened that night. He mentioned at this point in time that he's closing the case and not bringing it to the state attorney as they couldn't find enough to implicate me.

I only realized that i should have contacted a lawyer first - this was the first time i've ever been brought to the police station, and i have to admit, i was in shock after being told i'm accused of sexually assaulting someone.
Expert:  Dave Kennett replied 5 years ago.
I would not call anyone unless you want to talk to an attorney. Calling th police is not what you want to do so there is no one to "check" with. I would leave it alone and if for some reason you are ever contacted again get a lawyer and keep quiet.
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