What You Say Can Be Used Against You—Even Before You’re Arrested in Chicago

Conversations with Police Before Arrest Are Riskier Than You Think

As a long-time Chicago criminal defense attorney, one of the first questions I ask any new client is, “Did you talk to the police?” Unfortunately, too often, the answer is yes. And what follows is a string of statements—often misunderstood, misquoted, or misused—being used as central evidence in their case. The truth is, just because you haven’t been arrested doesn’t mean you’re not a target. And no, you are not required to talk to police before or after arrest.

Whether the questioning is by a local Chicago police officer, a Cook County investigator, or a federal agent, you are never required to answer questions unless you’ve been lawfully stopped and asked to identify yourself under specific circumstances. And even then, your obligation ends with your name. Everything else can and should wait for your attorney.

In Illinois, and especially in a large city like Chicago, law enforcement often approaches people without making arrests. These “pre-arrest encounters” happen in neighborhoods across the city—on sidewalks in Logan Square, at homes in Little Village, outside stores in Hyde Park, or during traffic stops in Bronzeville. The officers might say you’re “not in trouble” or that they “just want to clear something up.” But those conversations are never harmless.

The law does not require police to read you your rights unless you’re both in custody and being interrogated. This means anything you say outside of formal arrest is often fair game in court—and the police know it. That’s why they try to get you to talk early. They’re building their case from the moment they make contact.

What the Constitution and Illinois Law Say About Talking to Police

In Illinois, your legal rights kick in before you are arrested. The Fifth Amendment to the United States Constitution gives you the right to remain silent and protects you from being forced to incriminate yourself. The Sixth Amendment gives you the right to legal counsel. These are foundational rights, and they apply whether you’re dealing with a minor misdemeanor or a serious federal felony.

Here’s what you need to know: if you are approached by the police and you’re not under arrest, you do not have to answer their questions. You are free to politely say, “I don’t want to answer any questions without my lawyer.” You can also ask, “Am I free to go?” If they say yes, walk away. If they say no, you are now in a detention, and your lawyer needs to get involved immediately.

Under 725 ILCS 5/107-14, you may be required to identify yourself during a valid stop under Terry v. Ohio (a “stop and frisk” situation), but only if there’s reasonable suspicion. Even then, beyond your name, you don’t have to answer anything further.

For federal matters, the situation is even more sensitive. If you say something incorrect or inconsistent during a conversation with federal agents, you may face charges under 18 U.S.C. § 1001—making false statements to a federal officer—even if you didn’t commit the crime they were investigating. That charge alone carries up to 5 years in federal prison.

Once a conversation begins, any details you offer—your location, your timeline, your knowledge of an event—can later be used to tie you to a federal indictment, even if you weren’t initially a target. Many of the biggest conspiracy cases brought under 21 U.S.C. § 846 (federal drug conspiracy) start with pre-arrest interviews where individuals make offhand remarks that get twisted into “evidence.”

You don’t owe the police an explanation. And the law supports your right to remain silent.

Fictional Case Example: A West Side Encounter Turns Into a Federal Charge

Let’s consider a fictional but realistic scenario I’ve seen many times in Chicago’s West Side.

A man is walking down the street near his cousin’s house in Garfield Park. Two unmarked cars pull up, and several officers from a federal task force get out. They say there’s been some trouble in the area and ask if he’s seen anything unusual. He answers casually—“Nah, I just got dropped off”—and mentions a friend’s name in passing. They ask a few more questions, thank him, and leave.

Two months later, he’s indicted in federal court as part of a drug trafficking conspiracy involving his friend and cousin. That offhand statement about being “dropped off by [name]” placed him at the scene, and his words are used to suggest knowledge of the operation. No search warrant. No drugs. No money. Just words.

Now he’s facing a mandatory minimum sentence of 10 years under federal sentencing guidelines—all because he thought he was helping clear things up.

This is why my firm fights early and aggressively to prevent questioning before it happens. And when it already has, we challenge the admissibility of those statements and build a defense around constitutional rights that were violated or ignored.

Why Hiring a Criminal Defense Attorney Early Changes Everything

If the police or federal agents want to talk to you and you haven’t been arrested, that’s when you need a lawyer the most. The earlier you involve a defense attorney, the more likely it is that we can prevent charges from being filed—or at least control the flow of information.

I’ve represented clients from Lincoln Park to Back of the Yards who were contacted “just to talk” and nearly ruined their defense before they knew they were being investigated. Once you speak, you give up control. Once you talk, it’s very difficult to undo the damage.

My job as a Chicago criminal defense lawyer is to be your buffer. If law enforcement has questions, they can speak to me. If they want to bring you in for a statement, we can review the case first, make strategic decisions, and, in some cases, prevent the conversation entirely.

I also make sure clients understand the long-term consequences of criminal charges. Even a misdemeanor conviction—say, for resisting arrest or obstruction—can haunt you for life. It can affect your job, your immigration status, your housing, and your professional licenses.

Felony charges are even more severe. Federal convictions result in longer sentences, permanent records, and fewer opportunities to negotiate. That’s why silence at the beginning is a defense strategy—not avoidance.

You need a lawyer who’s ready to challenge evidence, suppress illegal questioning, file motions to dismiss weak indictments, and try your case when necessary. But that starts with not speaking until I’m involved.

FAQs: Talking to Police in Chicago Without Being Arrested

Can police question me in Chicago without arresting me first?
Yes, they can—and they often do. Officers and federal agents frequently initiate “consensual encounters” where they ask questions without making an arrest. During these situations, they are gathering evidence. You are not required to answer those questions. Ask if you are free to leave. If you are, leave. If you’re not, invoke your right to a lawyer immediately. I advise all clients in Chicago to avoid speaking with law enforcement unless I’m present.

What if I already talked to police before calling a lawyer?
It’s not ideal, but there are still ways to fight the case. I will examine the details of the encounter: where it took place, whether you were free to leave, what was said, and how the officers conducted themselves. If your rights were violated or if the conversation became a custodial interrogation without Miranda warnings, I can fight to have the statements suppressed.

Do I have to talk to the FBI or DEA if they come to my house?
No. You are not required to speak to federal agents unless they have a subpoena or a warrant. Even then, you are not required to speak to them without your attorney present. The moment any federal agency contacts you, call my office. These agents are trained to get you talking—and your own words can become the basis of a federal charge.

What’s the worst that can happen if I talk to the police to “clear my name”?
You may unintentionally place yourself at the scene of a crime, associate yourself with someone under investigation, or contradict prior statements. In federal court, you could be charged with lying to agents, which carries serious prison time even if you didn’t commit the original offense. The best way to clear your name is to stay silent and hire a lawyer.

Is it legal to refuse to talk to police in Illinois?
Yes. The Fifth Amendment protects your right to remain silent. Police may pressure you to talk, but they cannot punish you for refusing to answer questions. They may detain you briefly under Terry stop laws if they have reasonable suspicion, but you are not required to answer questions beyond providing identification. I always tell my clients: silence is not guilt—it’s protection.

What should I do if police show up at my door asking questions?
You can step outside, close the door behind you, and ask if they have a warrant. If they don’t, you are not required to let them in or answer questions. Say, “I’m not answering any questions without my lawyer,” and then call me. I’ve handled many cases where clients avoided serious charges simply because they refused to speak.

Call The Law Offices of David L. Freidberg Before You Talk to Police

If the police or federal agents have contacted you, don’t wait for an arrest to take action. Saying the wrong thing can lead to serious criminal charges—even if you’re innocent. I’ve defended thousands of clients across Chicago, Cook County, DuPage County, Will County, and Lake County, and I know how to protect your rights before things go too far.

You have nothing to prove to the police. Let me speak for you. Let me protect your record, your freedom, and your future.

If you are under investigation or have been charged with a crime in Chicago or anywhere in Illinois, contact The Law Offices of David L. Freidberg immediately. We offer free consultations 24/7. We’re available 24 hours a day, 7 days a week. Contact us today at (312) 560-7100 or toll-free at (800) 803-1442 for a free consultation. Your future is worth fighting for. We’ll stand with you—and we’ll fight to protect your freedom from the very first call. Early legal representation can make the difference between indictment and defense.