What Are My Rights During an Arrest in Illinois?

 Posted on December 16, 2024 in Criminal Defense

Being arrested can be a frightening and overwhelming experience, particularly if this is your first time. However, when you are arrested, you have certain rights guaranteed by the U.S. Constitution and Illinois state laws. These rights are there to protect you against unnecessary harm and unfair treatment. Knowing your rights can help you stay calm and avoid mistakes that could impact your case. To learn more about your rights during an arrest, speak with an experienced Elgin, IL criminal defense lawyer.

The Right to Remain Silent

One of the most important and most commonly quoted rights you have when you are arrested is the right to remain silent. During an arrest, you need to provide the police with your name and whatever basic identifying information they ask for. Beyond that, you have the protected right to stay quiet and not answer their questions or give them information that could incriminate you or otherwise be used against you. 

It is often best to politely explain that you are exercising your right to remain silent and then not answer any further questions until a lawyer arrives to represent you. This is important because even innocent or casual remarks can be taken out of context or misunderstood. Staying silent can protect you from inadvertently hurting your case.

The Right to an Attorney

You have the right to have an attorney present. If you are unable to pay for one, a public defender can be appointed by the court to represent you. This right is important to exercise as soon as possible. Make sure to ask for a lawyer as soon as you can.

A lawyer can advise you on what to do when the police question you and make sure your rights are being upheld. When you ask for a lawyer, the police need to stop questioning you until one arrives.

The Right to Protection from Unreasonable Searches

The Fourth Amendment protects you from unreasonable searches and seizures. This means that unless there is a warrant or probable cause, the police cannot search you, your belongings, or your home. If you think you were subject to an illegal police search, a lawyer can challenge the evidence obtained during the search and might get it dismissed.

The Right to Know Your Charges

If the police arrest you, they need to tell you what you are being charged for. This is known as your right to be informed of the nature of the accusation. You cannot understand how to proceed during questioning and how to prepare your defense until you know what the charges are about.

The Right to Fair Treatment

During an arrest, you have the right to be treated fairly and without abuse. If you think your rights were violated when you were in police custody, immediately tell your lawyer. This could have implications for your case and could affect the outcome.

Schedule a Free Consultation with a Kane County, IL Criminal Defense Attorney

If you get arrested, it can be easy to get dragged into feelings of stress and act out in a way that can harm your case. A qualified Aurora, IL criminal defense lawyer can make sure you know your rights so you can protect yourself. At The Law Office of Brian J. Mirandola, we have a proven track record of building strong defense strategies so our clients get the best possible outcomes for their cases. Call us at 847-488-0889 to schedule a free consultation.