What If Police Say I’m Not a Suspect—Should I Still Call a Lawyer?

Police Say You’re “Not a Suspect”—Don’t Believe That Means You Don’t Need a Lawyer in Chicago

In Chicago, people are questioned by police every single day—on the streets of Englewood, in apartments in Uptown, outside businesses in Bronzeville, or inside precincts downtown. These conversations often begin casually and with no warning. The officer may say, “You’re not in trouble,” or “You’re not a suspect—we just want to ask you a few things.” Those words are intentionally disarming. But make no mistake—when law enforcement in Chicago says you’re “not a suspect,” you should still call a criminal defense attorney immediately.

As a federal and state criminal defense lawyer based in Chicago, I’ve represented countless clients who talked to police after being told they weren’t the focus of an investigation—only to find themselves arrested days later. By the time they called me, they had already handed the prosecution the statements it needed.

Illinois law does not require police to tell the truth during questioning. Officers are allowed to withhold information, lie about their intentions, and pretend they are only gathering facts. If you are being asked about a crime, no matter how friendly the tone, the safest and smartest thing you can do is say, “I’d like to speak to a lawyer first.”

Every criminal offense in Illinois is categorized as a misdemeanor or a felony. Talking to police without legal counsel can be the difference between being left alone or being charged with a felony offense in Cook County Circuit Court or even in federal court. You don’t have to be charged to be in danger. You only have to be on their radar.

How Illinois Criminal Cases Begin and What Police Are Actually Doing When They Question You

Many people think criminal cases begin with a dramatic arrest or a grand jury indictment. But in reality, most investigations in Chicago begin quietly—with a phone call, a street conversation, a “voluntary interview” at the precinct, or a knock on the door. When police contact someone and say they’re not under investigation, they may still be trying to build a case against that person—or at the very least, test their credibility and see if their story matches other evidence.

Illinois law gives police broad authority to initiate investigations and gather evidence before an arrest is made. During this pre-charge stage, officers can collect witness statements, issue subpoenas, use surveillance, and interview anyone they think might be connected to the case. If you’re on that list—even if they call you a witness—you are already in a legally dangerous position.

This is especially true in cases involving drugs, gun possession, theft, financial crimes, conspiracy, or alleged federal offenses. In fact, many federal cases begin with agents saying they “just want background” or that the person is “not the target.” That statement carries no legal protection. If you say something incriminating, even unknowingly, prosecutors can use your words against you.

The moment you’re approached by law enforcement and they begin asking about criminal activity—even if you’re not being arrested—it’s time to involve a Chicago criminal defense lawyer. We can contact the detectives or federal agents, control communication, and advise you on whether to speak or remain silent. In many cases, we can stop charges from being filed altogether by stepping in early and protecting you from yourself.

The Criminal Process in Illinois: Arrest, Prosecution, and the Risks of Pre-Charge Statements

Once police gather enough evidence, they submit the case to prosecutors. In Chicago, that means the Cook County State’s Attorney for state crimes or the U.S. Attorney’s Office for federal offenses. At this point, formal charges are filed and a warrant may be issued. But the case didn’t start there—it started when someone answered the door, agreed to talk, or answered questions without legal counsel.

When charges are filed, the criminal process officially begins. The accused is arrested or summoned to court, brought before a judge, and informed of the charges. Bond is set, and the case proceeds to pretrial discovery, motions, and eventually trial or plea negotiation.

Every statement made earlier—whether on the phone with a detective, during a “friendly” interview, or even in a text message—can become evidence. Once you’re charged, those words are no longer abstract. They are evidence the government uses to try to convict you.

That’s why it’s critical to understand what’s at stake from the very beginning. Police often intentionally avoid placing people under arrest at first. They want to create a false sense of comfort so that you speak freely. Miranda warnings are not required unless you are in custody and being interrogated. If you’re not in custody, they can ask you anything—and use your answers in court.

As a Chicago criminal defense lawyer, I regularly file motions to suppress statements obtained improperly, but the better strategy is to prevent those statements from being made in the first place. That only happens when you call a lawyer immediately.

Example Case: How a Statement Turned a Witness into a Suspect in Humboldt Park

Consider a fictional case in Humboldt Park. Police are investigating a series of robberies and visit a local man’s home. They tell him they’re just “checking around” and “he’s not a suspect.” He invites them in and talks openly, saying he “knew something had happened” and was “driving by that night.” He provides a few more details, thinking he’s helping.

Later, detectives find surveillance footage showing a car similar to his at the scene. Because he placed himself near the area during the timeframe and gave additional information that aligns with the video, he’s now on the short list. Days later, he’s arrested and charged with felony burglary based in part on his own statements.

Had he called a lawyer, that conversation never would have happened. We could have advised him not to speak, or we could have sat in during any interview and shut it down the moment it veered toward self-incrimination. That early statement took away many of our options at trial.

This is why early legal counsel matters. Many people unknowingly close the door on defenses that could have won their case because they tried to explain themselves before calling an attorney.

Why You Need a Lawyer Even If You’re Not Under Arrest

You don’t need to be in handcuffs to be in danger. In fact, the most important time to call a lawyer is before charges are filed. That’s when your words, movements, and choices carry the most weight—and that’s when police are least likely to warn you of your rights.

A criminal defense attorney in Chicago can do far more than just defend you in court. We can intervene during investigations, protect you from interrogation, communicate directly with law enforcement on your behalf, and potentially stop the case from going forward. We understand how detectives and federal agents work and we know when their questions are designed to trap you.

We also help preserve your rights by ensuring you don’t accidentally waive them. People often consent to searches, turn over phones, or provide written statements, thinking they’re helping themselves. Instead, they’re giving the prosecution everything it needs.

By calling a lawyer before speaking to police, you give yourself the chance to be protected from the very beginning. We can ensure that any interaction with law enforcement is on your terms, not theirs.

Chicago Criminal Defense FAQs – Police Questioning and Early Investigation

If the police tell me I’m not a suspect, can they still charge me later?
Yes. That’s one of the most dangerous assumptions people make. Police are allowed to mislead you during questioning. Saying you’re not a suspect doesn’t mean they won’t charge you. In fact, they may already view you as the prime suspect and want to get statements before giving you any legal warnings. A Chicago criminal defense lawyer should be contacted immediately—even if they say you’re “just a witness.”

Should I speak to police to clear my name if I’ve done nothing wrong?
No. Even innocent people can say things that hurt them later. Police may twist your words, misinterpret your statements, or compare them to other evidence in a way that makes you look guilty. It’s better to have your attorney speak on your behalf. If we decide an interview is in your best interest, we’ll be there to control the process.

What should I say if I’m approached by detectives and asked to talk?
Politely say, “I’d like to speak to a lawyer first.” You are not required to answer questions or go to the station without a warrant. Do not try to argue, explain, or justify anything. Silence cannot be used against you, but a bad statement can follow you for the rest of the case.

Do Miranda rights apply during casual police conversations?
No. Miranda only applies during custodial interrogation. If police are just talking to you casually and you’re not under arrest, they don’t have to read you any rights—and your answers can still be used in court. That’s why you should never assume the conversation is harmless.

Can I get in trouble for refusing to talk to police?
No. Refusing to speak is your constitutional right. You cannot be arrested or punished simply for choosing to remain silent. In fact, it’s the smartest thing you can do if you think you’re being investigated or questioned about a crime.

What types of cases start with “just a few questions”?
Nearly every serious criminal case—drug charges, gun possession, federal fraud, violent crimes, theft, sex offenses—can begin with informal questioning. Chicago police and federal agents often downplay the seriousness of the conversation to get you to talk. Don’t fall for it. Call a lawyer before saying a word.

Why Clients Choose The Law Offices of David L. Freidberg

When police say you’re not a suspect, it doesn’t mean you’re safe. It often means they’re setting you up to talk freely before filing charges. At The Law Offices of David L. Freidberg, we’ve spent decades protecting clients who were caught off guard by early police contact.

We understand how state and federal prosecutors build cases in Chicago, and we know how to shut down unlawful questioning, suppress harmful statements, and keep clients from being charged at all. Our early involvement often prevents criminal charges from ever materializing. And if they do, we’re ready to fight them in court.

We serve clients across Chicago, Cook County, DuPage County, Will County, and Lake County. We’re available 24/7 to step in the moment you’re approached by law enforcement.

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.