Arrested in Aurora, Illinois – Know Your Rights
In an arrest, a police officer, state trooper, or sheriff restrains your freedom of movement because of your possible involvement in a criminal offense. The arresting officer may take you into custody, or you may be stopped, verbally or physically, for questioning about a crime. At the time of your arrest, the arresting officers should inform you they have a warrant and produce the warrant for your review. If they have criminally charged you, ask the nature of the criminal charges.
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To protect your rights during an after an arrest, do not speak to anyone about your case and call a lawyer immediately. (312) 281-9911
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Without your consent or extraordinary circumstances, the police cannot arrest you in your home without a warrant. The police can arrest you without a warrant if they have probable cause to believe that you committed an offense in their presence, or when an individual informs an officer that you have just allegedly committed a criminal offense.
You can be arrested for committing a misdemeanor, which is a lesser crime. Some examples of misdemeanor criminal charges are: disorderly conduct, driving under the influence of alcohol, driving without a valid driver’s license, assault, battery, domestic battery, criminal damage to property, indecent exposure, theft, retail theft, resisting a police officer, stalking, and deceptive practice.
In addition, a citizen, such as a security guard or store owner, may detain you if you have committed, for example, the offense of retail theft, in their presence. In this instance, they must promptly turn you over to the police.
Arrested for a Felony
If you are arrested for a felony criminal charge without a warrant, you are entitled to a prompt hearing (preliminary hearing) to determine whether or not the arresting officer had probable cause (the minimum level of required evidence) to arrest you. However, you may not have an opportunity for a preliminary hearing, where your criminal attorney can cross-examine the arresting officer and challenge the State’s evidence. The State is allowed to avoid a preliminary hearing by submitting evidence, in secret, to a grand jury which will return a bill of indictment against you.
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When You Are in Police Custody
After you have been arrested, you will be taken into custody. Your arrest will be recorded in police records, and you will be fingerprinted and also photographed. After you have been taken into custody and processed, you will need to obtain bail money in order to be released.
You may be asked to participate in a line-up. This is a procedure in which several people, including a suspect, are shown to victims and witnesses of a crime to determine whether or not they can identify the person who committed the offense. If the police ask you to participate in a line-up, you have a right to have a criminal lawyer present.
Several hours or days may pass before you appear before a judge who can consider releasing you.
During this period, stay calm and do not discuss the circumstances of your arrest with anyone! Any statements you make, even if you think they are harmless, may be reported to the police and used as evidence against you. Don’t talk to anyone unless you are with your criminal lawyer.