What to Do if You’re Arrested in Illinois

Facing an arrest can be a terrifying and overwhelming moment for someone. If you are arrested in DuPage County, Illinois, it’s crucial to understand your rights and responsibilities. You must have a clear understanding of the law to protect yourself. A skilled criminal law attorney in Illinois is essential in helping you navigate the arrest process. Liberty Law can guide you through the scary process of arrest.

Understanding Your Rights

The United States Constitution grants people the right to protect themselves against unjust arrests and detainment. Law enforcement must follow specific procedures, or else they violate the Constitution.

The Right to Remain Silent

The Fifth Amendment to the U.S. Constitution grants the right to remain silent to avoid self-incrimination. Officers must read the Miranda Rights when they arrest someone. Once a person is under arrest, they should clearly state, “I am invoking my right to remain silent.” 

The Right to an Attorney

The Sixth Amendment grants all criminal defendants the legal right to an attorney whether or not they can afford it. People should request to speak to an attorney immediately following arrest. The court is required to provide an attorney if you cannot afford one. Skilled attorneys can help clients avoid making decisions that could harm their case.

Protection Against Unreasonable Searches and Seizures

The Fourth Amendment protects people against unreasonable searches and seizures. The government and police officers must have probable cause to search a potential suspect’s home, car, or other property.  A qualified attorney may be able to challenge the evidence obtained due to the search if it is found to be unlawful. It is yet another reason why it is crucial to obtain legal counsel in a case.

What to Do When You’re Arrested

If you are arrested in DuPage County, you must take essential steps for your safety. These steps are important not only for legal reasons but also for physical safety in what may be a tense situation.

• Stay Calm and Comply – Complying with law enforcement officers’ instructions is critical to protecting your safety and legal position.
• Invoke Your Right to Remain Silent – Invoke your right to remain silent and avoid commenting to law enforcement. You have no obligation to answer any questions without your attorney present. It is often in your best interest not to.
• Request an Attorney – You should explicitly request legal representation. 
• Document Everything – Remember as many details about the arrest as you can. 

Your Responsibilities After the Arrest

Once you have been arrested and processed, you have several responsibilities to ensure you handle your case effectively:

• Attend All Court Dates
• Comply With Bail Conditions
• Work With Your Attorney

Additional Considerations in DuPage County

Most criminal cases in Dupage County are handled at the courthouse in Wheaton. It is important to hire an attorney who has experience arguing cases in DuPage County. Different counties may have different day-to-day procedures.

Being arrested in DuPage County, Illinois, is a stressful and often overwhelming experience. However, knowing your rights and responsibilities can help you navigate the process more smoothly and protect your legal interests. A skilled criminal defense lawyer at Liberty Law can help guide you through the criminal justice system and arrest process.

If you or someone you know is facing criminal charges in Illinois, it’s essential to understand your rights and how to protect yourself in the criminal justice system. If you require personalized legal advice, please contact us or call (630) 449-4800. We can assist you with your specific situation.