Can I Be Arrested for a Crime I Did Not Commit?

 Posted on March 06, 2025 in Criminal Defense

Being arrested for something you did not do can be an awful experience. If you find yourself in this situation, it is extremely important that you know your rights and understand your options within the criminal justice system. While Illinois law is intended to ensure fairness, there are certainly cases of injustice and wrongful convictions. A dedicated Illinois criminal defense lawyer can fight aggressively for justice to be served.

How Do Wrongful Arrests Happen?

Someone can be wrongfully arrested for a variety of reasons. Whether there was mistaken identity, fabricated evidence, or miscommunication between law enforcement officers, a wrongfully accused defendant is a victim of a serious miscarriage of justice. Illinois law demands that the police have probable cause to make an arrest, and if you are arrested based on false information or insufficient evidence to justify it, it is a violation of your rights. An experienced criminal defense attorney can help challenge the arrest and fight for your rights in court.

What Are My Rights During an Arrest?

When you are arrested, you have certain rights under both state and federal law. These include the right to remain silent and the right to have an attorney present when you are questioned. Unfortunately, many people unknowingly waive their rights during an arrest, particularly if it is their first time being interrogated and they feel pressured into speaking.

If you answer the police officers’ questions instead of remaining silent, and you do so without an attorney present, even if you know you are innocent and you want to be cooperative, it can significantly damage your case later. Instead, politely exercise your right to remain silent and request an attorney immediately.

Under Illinois law, the police are also required to inform you of the charges at the time of your arrest. If you are arrested for a crime you did not commit, you can assert your innocence but make sure to avoid making any self-incriminating statements. A lawyer can help you navigate this stressful situation and understand what to say and do.

What Can I Do if I Am Wrongfully Arrested?

Just because you are arrested does not mean you will be convicted. If you are open and honest with your lawyer, there are ways to help the court see the truth. Although your situation can feel dire, you have various options.

One common strategy used in such cases is to challenge the evidence. If your arrest happened because of mistaken identity, your lawyer might gather witnesses or evidence to prove your innocence. If fabricated evidence leads to your arrest, your lawyer can focus on discrediting the prosecution’s claims and exposing inconsistencies or fraud. Whatever the case may be, you should not take this lying down. You have the option of challenging the evidence and convincing the court that your arrest was a mistake.

If your charges are dismissed or you are acquitted, you can file for your criminal record to be expunged or sealed. This can help ensure that the wrongful arrest does not affect your future. Having a criminal record can limit opportunities available to you, particularly regarding employment, housing, and education. Erasing the record means that the police’s mistake cannot continue to punish you.

Schedule a Free Consultation with a Naperville, IL Criminal Defense Lawyer

Being arrested for a crime you did not commit is frightening and overwhelming. It is important to act quickly and speak with a Naperville, IL criminal defense attorney who can help you challenge the charges. At Law Office of Philip R. Nathe. We are dedicated to protecting your rights, seeking true justice, and ensuring that any wrongful arrest does not derail your future. Call us at 630-416-7600 to hear more about how we can advocate for you.