Your rights after an arrest
If you are a law-abiding citizen, your chances of being arrested are slight. It is important, though, that you know your rights if arrested.
If by threats, by persistent questioning or other means of coercion, you are forced to give incriminating information, you can prevent its use against you in court.
Within a reasonable time after you have been taken into custody, you have a right to make a reasonable number of phone calls, including contact with an attorney of your choice and a member of your family. If you are transferred to a new place of custody, this right of communication is renewed.
You have a right to an itemized receipt for all money and property taken from you after you are taken into custody. You also have the right to be "booked" the entry of a charge against you in a record called the "police blotter" within a reasonable time frame (usually within several hours). If you are held longer than is considered reasonable, your attorney may go to a judge and obtain a writ of habeas corpus. This is a court order instructing the police to bring you before the court so that a judge may decide whether you are being held lawfully.
The court will normally set bail, even with a charge of murder or other serious crimes, unless the proof is evident or the presumption is great that the person is guilty of the crime. Bail is the money or other security you deposit with the court as an assurance that you will appear for trial. The court will accept property such as real estate as bail provided certain detailed conditions are fulfilled.
In Illinois, the police may release you on bail if you deposit 10 percent of the amount of bail. If there is a warrant for your arrest, the amount of bail will be stated on the warrant. For certain minor offenses, the amount of bail is fixed by statute. If a statute does not set a bond, then the bond is set by a judge. You may also be released on your own recognizance or your own word that you will keep your date in court.
You should expect to have a reasonable amount of time to prepare for a defense before being tried in court. Even if you declined your right to be represented by a lawyer during the police interrogation, you have the right to be represented by a lawyer in court. If you want a lawyer and cannot afford one, the court must appoint one to defend you.
How you plead in court and whether you testify is up to you, but it is wise to have the advice of a lawyer. You are not required to testify, and if you do not, neither the judge nor a jury can consider your silence as evidence of guilt. In the eyes of the law, you are presumed innocent unless proven guilty beyond a reasonable doubt by the evidence presented in court.
Note: This information was prepared as a public service by the Illinois State Bar Association and is a joint project with the Illinois Press Association. Its purpose is to inform citizens of their legal rights and obligations.
© Illinois State Bar Association
If you have questions about the application of the law in a particular case, consult your lawyer. The law is constantly changing. Information on this site or any site to which we link does not constitute legal advice.