What Happens After an Arrest in Illinois

Being arrested is frightening and confusing. Understanding what happens next can help you make better decisions and protect your rights. At Stavros Law Offices, we guide clients through every step of the criminal justice process.

Step 1: The Arrest

When police arrest you, they must have:

• Probable cause: Reasonable belief that you committed a crime, OR
• A valid arrest warrant: Issued by a judge

Your Rights Upon Arrest

• Right to remain silent — Don't answer questions
• Right to an attorney — Ask for a lawyer immediately
• Right to know the charges — Police must tell you why you're being arrested

Important: Anything you say can and will be used against you. Exercise your right to remain silent and request an attorney.

Step 2: Booking

After arrest, you'll be taken to a police station for booking:

• Personal information recorded
• Fingerprints taken
• Photograph (mugshot) taken
• Personal belongings inventoried
• Background check conducted
• Placed in a holding cell

Step 3: Bond Determination (Under the SAFE-T Act)

Illinois eliminated cash bail on January 1, 2023, under the Pretrial Fairness Act (part of the SAFE-T Act). Now:

For Most Offenses

• You are released with conditions (e.g., check-ins, GPS monitoring, no contact orders)
• No money is required for release

Detention Hearings

For certain serious offenses, the State can petition to detain you pending trial. Detention may be ordered if you pose:

• A threat to any person — danger to the community
• A flight risk — likely to flee jurisdiction
• A risk of obstruction — likely to obstruct justice

Detainable Offenses Include:

• Murder, attempted murder
• Criminal sexual assault
• Kidnapping
• Armed robbery
• Aggravated DUI
• Certain domestic violence offenses
• Certain weapons offenses
• Any felony if you're already on pretrial release for another felony

Step 4: First Court Appearance

You must appear before a judge within 48 hours of arrest (not counting weekends and holidays):

• Advised of charges against you
• Advised of rights including right to attorney
• Bond/detention determination (if not already made)
• Public defender appointment if you qualify
• Next court date set

Step 5: Preliminary Hearing (Felonies)

For felony cases, you have the right to a preliminary hearing within 30 days if detained, or upon demand if released:

• Judge determines if probable cause exists to hold you for trial
• Low burden for the State — often waived by defense to avoid locking in testimony
• Case proceeds to grand jury or information if probable cause found

Step 6: Arraignment

At arraignment, you formally respond to the charges:

• Not Guilty: The case proceeds to trial preparation
• Guilty: Case proceeds to sentencing (rare at this stage)
• Not guilty by reason of insanity: Specialized proceedings

Most defendants plead not guilty at arraignment to preserve options.

Step 7: Discovery and Pretrial Motions

Discovery

Both sides exchange evidence:

• Police reports
• Witness statements
• Physical evidence
• Expert reports
• Video/audio recordings

Pretrial Motions

We may file motions to:

• Suppress illegally obtained evidence
• Dismiss charges
• Challenge witness identifications
• Request additional discovery

Step 8: Plea Negotiations

Most criminal cases are resolved through negotiation:

• Charge reduction: Plead to a lesser offense
• Sentence agreement: Agreed recommendation for sentencing
• Diversion programs: Complete requirements to dismiss charges
• Supervision: Avoid conviction through successful supervision

Step 9: Trial

If no agreement is reached, your case goes to trial:

• Jury trial: 12 jurors must unanimously agree on verdict
• Bench trial: Judge decides (you can waive jury)
• State's burden: Must prove guilt beyond a reasonable doubt
• Your rights: Confront witnesses, present evidence, testify or remain silent

Step 10: Verdict and Sentencing

If Found Not Guilty

• You are released
• Charges dismissed
• Cannot be tried again (double jeopardy)
• May be eligible for expungement

If Found Guilty

• Proceed to sentencing hearing
• Pre-sentence investigation prepared
• Both sides present arguments on sentence
• Judge imposes sentence

Timeline

Stage	Typical Timeline
Arrest to first court appearance	48 hours
Preliminary hearing (if detained)	Within 30 days
Arraignment	2–4 weeks after arrest
Discovery and motions	1–6 months
Trial (if no plea)	3–12 months from arrest

Complex cases can take longer. Speedy trial rights require trial within certain timeframes if demanded.

What You Should Do

1. Stay calm — Don't resist or argue
2. Stay silent — Politely decline to answer questions
3. Request an attorney — Say "I want a lawyer"
4. Don't consent to searches — Politely refuse
5. Remember details — Officer names, badge numbers, what was said
6. Contact an attorney ASAP — Early representation matters

Contact Us Immediately

The decisions you make immediately after arrest can affect your entire case. At Stavros Law Offices, we're available 24/7 to help you through this process.

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