reasonable period of time without booking to transport students to or from school jury unless you specifically waive your right to (more than several hours or perhaps or a school-related activity, where the a . overnight), your attorney may go to a judge , after a hearing, determines that You are not required to testify if you do not and obtain a of habeas corpus. This is a the release of the defendant would pose wish to do so. If you do not testify, neither the Consumer Legal Guide Court order instructing the to bring you a real and present threat to the physical judge nor the jury can consider your silence as before the Court so that a judge may decide safety of any person and denial of is of guilt. In the eyes of the law, you whether you are being held lawfully. necessary to prevent fulfillment of that are innocent unless proven guilty beyond a threat; or by the evidence presented in Court by the prosecution. OBTAINING RELEASE ON BAIL • making a terrorist threat or an attempt If you are not a U.S. citizen, the judge must to commit the offense of making a inform you, before accepting a guilty , that a terrorist threat, where the court, after Bail is the money or other security you criminal conviction could result in immigration a hearing, determines that the release deposit with the Court as an assurance that consequences, including immigration detention you will appear for trial. The Court will accept of the defendant would pose a real and (custody) and removal (deportation) from the property (real estate) as bail provided certain present threat to the physical safety of United States. detailed conditions are fulfilled. You have any person and denial of bail is necessary How you plead and whether you testify are a right to apply for and post bail as a means to prevent fulfillment of that threat. vitally important questions and you should of obtaining your release from custody. The have the advice of a lawyer. Your Guide to Court will normally set bail, even with a charge In Illinois, the police may release you on of murder or other serious , except bail if you deposit 10% of the amount of bail. for the following offenses where the proof is If there is a warrant for your , the Your Rights evident or the presumption is great that the amount of bail will be stated on the warrant. person is guilty of the : Upon being arrested, you have the right to be brought before a judge without unnecessary If Arrested • capital offenses; delay in order to be informed of the charges • offenses that carry a potential sentence of against you and to have bail set. For minor imprisonment for life as a consequence offenses, you may be released on your own

of conviction; recognizance, or in other words on your promise that you will appear in court on the Copyright, Illinois State Bar Association 2016 • felony offenses that carry a potential necessary dates instead of on monetary bail. This pamphlet is prepared and published by the sentence of imprisonment for life, without Illinois State Bar Association as a public service. conditional and revocable release, as a Every effort has been made to provide accurate consequence of conviction, where the YOUR RIGHTS IN COURT information at the time of publication. court after a hearing, determines that For the most current information, please consult the release of the defendant would pose You have a right to a reasonable time a real and present threat to the physical your lawyer. If you need a lawyer and do not have to prepare a defense before being tried in one, call Illinois Lawyer Finder at (800) 922-8757 or safety of any person or persons; Court. Whether or not you declined your online www.IllinoisLawyerFinder.com • stalking or aggravated stalking, where right to be represented by counsel during the court, after a hearing, determines police interrogation, you have the right to For more information on legal issues or to obtain that the release of the defendant would be represented by an attorney in all court single copies of each of the pamphlets listed above pose a real and present threat to the proceedings. You are entitled to a reasonable (free to individuals), please visit physical safety of the alleged victim and time to obtain a lawyer of your own choosing. www.ISBAlawyers.com denial of bail is necessary to prevent If you want a lawyer and cannot afford one, fulfillment of the threat of further the Court must appoint one to defend you. ILLINOIS BAR CENTER ILLINOIS STATE incidents of stalking; You are entitled to know the charge against 424 S. Second Street you and to have, without cost, a copy of the BAR ASSOCIATION • the unlawful use of weapons when that Springfield, IL 62701-1779 formal paper that contains the charge. www.isba.org offense occurred in or within 1,000 You are entitled to plead “not guilty.” If you feet of a school or in any conveyance choose do so, you will be tried by an impartial 11/15 ASK A LAWYER owned, leased, or contracted by a school has to do is prevent the accused from leaving YOUR RIGHTS IF ARRESTED WHO CAN MAKE AN ARREST the area. For example, a person executing YOUR RIGHTS AFTER a citizen’s arrest may take the accused by ARREST Any law enforcement officer such as a police the arm and say something like, “Stop. I’m If you are arrested, it is important that you officer, sheriff, deputy sheriff, or state trooper holding you for the police.” The U.S. has ruled that know and assert your constitutional rights. can make a lawful arrest. The arrest may be as soon as you are taken into custody, you An informed and alert citizenry is the best made with or without a warrant, depending on must be informed of the following, commonly guarantee that these rights will be upheld for WHAT NOT TO DO IF the circumstances. known as your Miranda rights: the benefit of all persons at all times. A warrant is an order issued by a magistrate ARRESTED The basic rights of a citizen under arrest 1. You have the constitutional right to or a judge describing the person to be arrested are stated in the Fifth, Sixth, and Eighth remain silent. and the charge(s) against that person. It directs Amendments of the “Bill of Rights” of the Do not resist a law enforcement officer 2. Anything you say can and will be held all law enforcement officers of the state—or United States . who attempts to arrest you—even if you are against you in a court of law. in some cases authorizes a private citizen—to innocent. The fact that you are innocent will • “No person…shall be compelled in any arrest the person named in the complaint. not make the arrest illegal if the officer’s 3. You have the right to an attorney; if you criminal case to be a witness against A law enforcement officer must have a action conform to the requirements of a legal cannot afford an attorney, one will be himself, nor be deprived of life, liberty warrant for your arrest unless one of the arrest as stated above. appointed for you. or property, without of following circumstances exists: If the arrest is legal and you resist, you 4. If you choose, you may have your law.” (Fifth Amendment). • The law enforcement officer has reason- could be charged with resisting a lawful attorney present during interrogation. • “In all criminal prosecutions, the able ground to believe that a warrant for arrest, which is a Class A misdemeanor that In addition to advising you of your rights, the accused shall enjoy the right to a speedy your arrest has been issued in this state or could result in up to one year in prison and arresting authorities must respect your rights. and public trial, by an impartial jury… in another jurisdiction. a maximum fine of $2,500. If the arrest is For example, you cannot legally be required or and to be informed of the nature and illegal, you are entitled to bring an action • You committed or attempted to commit forced by a police officer or anyone else to talk, cause of the accusation; to be confronted against the law enforcement officer for false a crime in the presence of the officer. to answer questions, or to sign any papers. If you with the witnesses against him; to arrest. are forced to give incriminating information by have compulsory process for obtaining • The officer has to believe It is best not to resist a citizen’s arrest, threats, by persistent questioning, or by any witnesses in his favor, and to have the both that a crime has been committed although you cannot be prosecuted for other means of coercion, you can prevent its assistance of counsel for his defense.” and that you are the person who resisting arrest. You may, however, be charged use against you in court. (Sixth Amendment). committed it. with assault and battery. Within a reasonable time after you have Regardless of whether the arrest is made The person making a citizen’s arrest cannot • “Excessive bail shall not be required, nor been taken into custody, you have a right to with or without a warrant, the arrested person be liable for damages for false arrest if he or excessive fines imposed, nor shall cruel make a reasonable number of telephone calls should be brought before the nearest and she had probable cause to believe that a crime and unusual punishments be inflicted.” or otherwise communicate with an attorney of most accessible judge in that county without had taken place and that you are the person (Eighth Amendment). your choice and a member of your family. If unnecessary delay. who committed it. you are transferred to a new place of custody, Since the adoption of the Fourteenth Do not resist a law officer’s attempt to this right of communication is renewed. If you search or “frisk” you. It is legal for an arresting Amendment to the Constitution, the states CITIZEN’S ARREST are not a U.S. citizen, you must be informed have also had to guarantee these rights. This officer to search your person and the area in within 48 hours of booking or detention of amendment provides: “No state shall make your immediate presence once he or she has your right to contact your local consulate or A private citizen may make an arrest under or enforce any law which shall abridge the arrested you. embassy. Consular officials may visit you, certain circumstances. The law permits a privileges or immunities of the citizens of the Even if he or she does not arrest you, help you arrange for legal representation, and citizen to detain or place under arrest another United States.” a police officer—upon identifying him or contact your family. person when that citizen has probable cause Many of the provisions found in the “Bill of herself—may stop you in any public place if You have a right to an itemized receipt to believe that a criminal offense other than Rights” of the U.S. Constitution also appear in he or she has reason to believe that you have for all money and property taken from your an ordinance violation is being committed. the “Bill of Rights” of the Illinois Constitution. committed, are committing, or are about to person after you are taken into custody. The law does not permit, however, a citizen The following discussion is based upon both commit a crime. The officer may demand your You have a right to be “booked” within a to detain or arrest another person based and upon other laws governing name and address as well as an explanation of reasonable period of time. “Booking” is the on the mere suspicion that a crime is being the citizens of this state. your actions. If he or she reasonably entry of a charge against you in a record called committed; the citizen must have personal, that there is a danger of being attacked, he or the “arrest book” or “police blotter.” firsthand knowledge of the commission of she may search you for weapons only. Should your detention go beyond a the offense. All the person making the arrest