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Two people get into a physical confrontation in a bar in IL. Who is at fault?

Frankfort, IL |

The fight took place after a heated argument between two adults. Once the physically confrontation began, both parties continued until broken up by a few patrons. Once separted the concerned person left imediately. It is unknown if the other party called the local police. If so, should not this person be at fault too? Can the police arrest the person who left and could that person have the other party arrested for instigating the fight (there was no one party who threw the first punch, they engaged at the same time)

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Attorney answers 1


Sure, people notify the police in anger all the time. And, the police can act upon such information to track you down and investigate. If you are pulled in for questioning, say nothing. Do not incriminate yourself. Ask for a lawyer.

Many Illinois criminal convictions come through confessions and statements the accused made at the police station. Many convictions would never happen if the accused invoked his or her constitutional rights. Here is the one answer to three frequent questions that might help when police confront you.

But I can explain my innocence?

So what? Once the police have you in custody the information you give will be used to further the investigation against you. When you are questioned in this regard, say nothing other than “I want a lawyer.”


What if police place me in handcuffs?

This is a certain sign you are in custody. The police will not take off the handcuffs if you start telling them things. When the handcuffs go on, your mouth should shut. Say nothing except “I want a lawyer.”


What if police say they will bring lesser charges if I talk?

The police do not determine what charge or charges to bring or drop. That is the prosecutor’s determination. The only thing to say once the police say they will reduce the charges if you talk is “I want a lawyer.”

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