The Law Offices of William Margolin

What Happens In The First 24 Hours After An Arrest?

For a misdemeanor or a felony charge, there are exceptions to the rule after an arrest. If you are arrested for a misdemeanor charge, you can be released at a police station on your own recognizance. Alternatively, you might have to pay a small amount to get out though. When you get out, the police officers, or the police department, will give you documents showing your charges. Usually, it looks just like a ticket. Additionally, they will give you the next court date, and what courthouse to appear at. However, if you are picked up for a felony charge in Illinois, and you are arrested for that felony charge, you must appear in front of a bond judge. If you are arrested late at night, you are held at the local jail, until a bond judge is available, which is usually the next morning.

Once in front of the bond judge, the judge will determine whether to release you on your own recognizance bond, or make you post cash. This depends on various factors, such as the severity of the crime, and what is your prior criminal background, and whether you would pose a risk to the population. In addition, have you had any other court proceedings in the past where you failed to appear in court? The judge will take that into consideration when deciding what type of bond to levy against you. If you post a bond, you get out, but, if you do not post bond, you remain in custody until the next court proceeding.

What Rights Do I Have After I Have Been Arrested?

First, at no time are you ever obligated to talk to the police after you have been arrested. More often than not, an attorney will say do not consult or have any type of conversation with any police, because it usually hurts you more than it helps you. More often than not, you cannot explain your way out of a crime or a possibility of being charged with a crime if an officer believes one has been committed. From a defense point of view, it is best to remain silent. You have a constitutional right not to say anything to an officer, and that is the best advice we can give somebody in terms of an initial contact with law enforcement. That is number one.

Secondly, if you are in custody, the judge is going to make a decision whether to charge you with a misdemeanor, or a felony case, so you may not have access to an attorney. Most people are in a position to hire an attorney, or a private defense attorney to represent them in a court proceeding, however, if you do not have the financial wherewithal, and considered indigent, or below a certain economic level, then a public defender will be appointed for you.

At that point, depending on how the case proceeds, whether it is a misdemeanor, a felony, and whether you are in custody or not, what will happen is how quickly the court case can move if in fact all of the continuances are attributable within that state. This means that if in fact you and/or your defense attorney think it is in your interest to continue the case, or whatever reason there is, then those are continuances that are attributable to the defense. There is truly no timeframe in regards to how many times a defense attorney can continue a case. It all comes under the discretion of the defense or the presiding judge.

However, if the defendant and the defense attorney are trying to speed the case through the system as quickly as possible, there are strict time limits we must abide by. For example, with a felony charge, appearing in front of a grand jury or holding a preliminary hearing, there are strict time limits on how long you could remain in custody if you cannot post bond, and if all the continuances have been attributable to the state.

Can Someone Speak With an Attorney Before Consenting Or Refusing To A Chemical Test?

The answer is no, you will not be able to consult with an attorney prior to your arrest. A lot has to do with the discretion of the officer. I have seen officers who gave somebody the ability to make a phone call prior to him or her performing a field sobriety test, or blowing into the machine though. I have, and strictly speaking, they are under no obligation and the vast majority of times, the officer will not permit somebody to make that phone call. They are not required to do so. When law enforcement is in the middle of a DUI investigation, they will normally say, “Sir/Ma’am, we want you to perform the field sobriety tests, and we will take you down to the station now.

After we get you to the station, and process you, and before we ask you any questions after we place you under the arrest, then we will give you an opportunity to contact a defense attorney. We might give you the ability once the case is over, and you are released, to contact a lawyer, but it is highly unusual. It almost never happens during a DUI arrest, or a DUI investigation, that the officer will give that person the ability to reach out to a defense attorney so soon on a DUI case.

For more information on Aftermath Of An Arrest In Illinois, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (847) 623-2424 today.

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