Your Rights as an American Citizen Under Arrest in Illinois

Posted on Dec 3 2015 - 5:57am by Admin

ArrestAlthough your chances of being arrested are slim to none if you’re a law-abiding citizen, it is crucial that you know your legal rights in the event that you have been arrested in Illinois — more so if you’re facing felony charges with severe penalties.

Noll Law Office reminds you of what you should keep in mind:

  • If you’re forced to provide incriminating information whether by force, coercion, persistent questioning, or threats, you can prevent the use of the information in court.
  • You have all the right to make phone calls to certain people — family members and criminal defense attorneys in Lincoln IL — if you’re taken into police custody. This is also true if you’re transferred to another custody location.
  • You can ask for a detailed receipt of all property and cash taken from you when in custody.
  • In most instances, you can only be “booked” for a certain amount of time — about a couple of hours.
  • You can have your defense attorney ask a judge for a “writ of habeas corpus” if you’re being detained longer than what’s deemed as reasonable.
  • You may be offered bail even if the charge against you is serious, such as murder, unless there’s overwhelming evidence against you. You can use money or even real estate as bail under specific circumstances.
  • The police can release you on bail in Illinois if you can deposit 10% of the bail amount. In some instances, you may likewise be released if you promise to keep your court date.
  • You will be given a substantial amount of time to prepare your defense before your trial. Even if you declined your right to a lawyer during the questioning, you can still get help from criminal defense attorneys to help build your defense and represent you in court.

Lastly, know that you are not required in any way to testify, and if you don’t, neither the jury nor the judge can count your silence as an admission or evidence of your guilt. Remember, an individual is always presumed innocent unless the presented evidence proves that he or she is “guilty beyond reasonable doubt”.