In Chicago and throughout Cook County, the process after an arrest typically moves quickly. After being taken into custody, you may be held at a police station for processing before your case is reviewed for charges. On lower level cases, the detention may be for a couple of hours while the police run fingerprints and prepare release paperwork. In more serious cases, you will be brought before a judge for what is known as a first appearance or detention hearing. This is where the court decides whether you will be released or held in custody while your case is pending. The Judge will also determine the conditions that must be followed upon release.

Illinois no longer uses a traditional cash bail system. Instead, judges now decide whether a person should be released or detained based on specific legal standards. The court will consider whether you pose a threat to the safety of any person or the community, or whether you are considered a flight risk. The seriousness of the charge plays a major role in that decision.

In Illinois, a judge considers three primary factors during a detention hearing when deciding whether to detain a suspect. First, the judge considers the nature and seriousness of the offense that the suspect is accused of. The more serious the crime, the more likely a judge is to order detention. Second, the judge reviews the suspect’s previous criminal history, if any, focusing on whether the suspect has a past of failing to appear in court or a record of violent offenses. Lastly, the judge assesses whether the release of the suspect would present a danger to any other person or the community. It’s important to note that a qualified defense attorney, like Andrew M. Weisberg, can provide crucial representation during detention hearings. An experienced attorney plays a critical role in presenting key arguments that can influence the judge’s decisions during these hearings.

For less serious offenses, such as many misdemeanor cases, individuals are often released shortly after arrest, sometimes even before going to court. However, in felony cases, and particularly in cases involving allegations of violence—such as domestic battery, aggravated assault, or weapons offenses, the State may seek to have the person detained. In those situations, prosecutors will present arguments as to why they believe detention is necessary, and the judge will make a decision after hearing from both sides.

One of the most important things to understand is that detention is not automatic, even in felony cases. The law requires the State to meet a burden before someone can be held in custody. An experienced defense attorney can challenge the State’s position, present mitigating information about the accused, and argue for release under appropriate conditions.

Mr. Weisberg has represented countless individuals at this critical stage of their cases. In many instances, he has successfully argued for his clients’ release, even in cases where the charges initially appeared serious. By presenting the full picture, including employment, family ties, lack of criminal history, and the specific facts of the case, he works to ensure that the court does not make a rushed or one-sided decision.

It is also important to understand that the outcome of this early hearing can have a significant impact on the rest of your case. Being released allows you to continue working, supporting your family, and actively participating in your defense. Being detained, on the other hand, can make everything more difficult, from communicating with your attorney to preparing for court.

Another factor that often comes into play is how the case is initially charged. In Cook County, prosecutors have discretion in how aggressively they pursue detention, and recent shifts in policy have led to a more serious approach in certain types of cases, particularly those involving prior history or allegations of violence. This makes it even more important to have an attorney who understands how these decisions are being made and how to respond effectively.

There are also situations where individuals are released but subject to conditions, such as electronic monitoring, no-contact orders, or other restrictions. These conditions can be strict, and violating them can result in being taken back into custody. Knowing what those conditions mean and how to comply with them is essential.

Every case is different, and there is no one-size-fits-all answer to whether someone will go to jail after an arrest. What is clear, however, is that early intervention by an experienced attorney can make a meaningful difference in the outcome. The decisions made in the first 24 to 48 hours after an arrest are often some of the most important in the entire case.

If you or a loved one has been arrested in Chicago and you are concerned about whether jail is a possibility, it is important to act quickly. Understanding your rights, the process, and your options can help you make informed decisions during a stressful and uncertain time. Contact Andrew M. Weisberg for a free consultation by calling him at 773-908-9811, or fill out our online form submission, and Mr. Weisberg will get back to you right away.

It’s every parent’s worst nightmare: receiving a call or a visit from law enforcement telling you that your child has been arrested in Chicago. The shock, fear, and confusion that follow such news can be overwhelming. However, it’s crucial to remember that you are not alone, and there are steps you can take to support your child and navigate the legal process.

In this blog post, we will guide you through what to do if your kid has been arrested in Chicago.

Stay Calm and Gather Information

The first and most important step is to stay calm. Your child needs you to be level-headed and supportive during this difficult time. Begin by asking the police for information about the charges, where your child is being held, and their current status. Make a note of the names and badge numbers of the officers you speak with.

Contact an Attorney

Once you have the initial information, the next crucial step is to hire an experienced criminal defense attorney. Having legal representation is essential to protect your child’s rights and navigate the complex legal system. If you cannot afford an attorney, you may be eligible for a public defender.

Visiting Your Child

You have the right to visit your child while they are in custody, but it’s important to check with the detention facility for visiting hours and any specific requirements. Be prepared to provide identification and follow the facility’s rules.

Understand the Charges

It’s essential to understand the charges against your child. Chicago has a range of laws and ordinances, and the severity of the offense will determine how the case proceeds. Your attorney will help you understand the charges and potential consequences.

Bail and Bond

In many cases, your child may be eligible for bail or bond, which allows them to be released from custody until their trial. The amount and conditions of bail will depend on several factors, including the severity of the charges, your child’s criminal history, and their ties to the community. Your attorney can assist you in navigating this process.

Support Your Child Emotionally

Being arrested can be a traumatic experience for anyone, especially a young person. Your child may be scared, confused, and ashamed. It’s crucial to offer emotional support during this time and assure them that you are there for them, no matter what.

Attend Court Hearings

As the legal process unfolds, your child will have court hearings where their case is discussed and decisions are made. It’s essential to attend these hearings to show your support and stay informed about the progress of the case.

Explore Diversion Programs

Chicago offers various diversion programs for youth offenders aimed at rehabilitation and preventing further involvement in the criminal justice system. Your attorney can help explore these options, which may include counseling, education, or community service.

Be Prepared for Juvenile Court

If your child is under 18, their case will likely be handled in juvenile court, which has a different set of procedures and focuses on rehabilitation rather than punishment. Understanding the juvenile justice system and working closely with your attorney is crucial in ensuring the best possible outcome for your child.

Learn About Expungement

Once your child’s case is resolved, it’s important to explore the possibility of expungement. Expungement can remove certain juvenile records from public view, helping your child move forward without the burden of a criminal record. Having your child arrested in Chicago is undoubtedly a challenging and emotional experience, but it’s essential to remember that there is help available. By staying calm, seeking legal representation, and providing emotional support, you can navigate the legal process and work towards the best possible outcome for your child. Remember that you are not alone in this journey, and there are resources and professionals ready to assist you every step of the way.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

Getting arrested can be a stressful and overwhelming experience, especially if you’re not aware of your rights. Whether it’s your first time being arrested or you have been through the process, it’s important to understand your rights to protect yourself and your legal interests. This blog post will cover some essential things you need to know about your rights during an arrest.

Your Right to Remain Silent

The most vital right you have during an arrest is to remain silent. You don’t have to answer any questions from the police, and anything you say can be used against you in court. If an officer tries to question you, you should tell them you want to remain silent until you have spoken to an attorney. It’s important to understand that this right applies even if you have not read your Miranda rights. While the Miranda warning is required in certain situations, such as when a suspect is in custody and being interrogated, it’s not necessary for every arrest. Regardless of whether you’ve been read your Miranda rights, you still have the right to remain silent.

Your Right to an Attorney

Another crucial right you have during an arrest is the right to an attorney. If you can’t afford an attorney, one will be appointed for you. It’s essential to exercise this right as soon as possible, as having an attorney on your side can help protect your rights and ensure that you receive a fair trial. You should tell law enforcement that you want to speak to an attorney, and they must provide you with access to one.

You Have The Right to Know Why You’re Being Arrested

When law enforcement arrests you, they must have a valid reason for doing so. You have the right to know why you’re being arrested and what charges you’re facing. If you need clarification on why you’re being apprehended, you should ask the officer for an explanation. Knowing why you’re being arrested can help you understand the charges against you and not you must do to defend yourself. If you’re not sure about the charges, you can ask to see a copy of the arrest warrant or speak to an attorney.

Your Right to Refuse Searches

You have the right to refuse searches of your person or property during an arrest, but this right has some exceptions. For example, if law enforcement has a warrant to search your home, they can do so without your permission. Additionally, if you’re being arrested for drug-related offenses, law enforcement may be able to search without a warrant. If you need to know whether you have the right to refuse a search, you should consult with an experienced attorney. It’s important to remember that consenting to a search can sometimes harm your case, so it’s best to be cautious and exercise your rights.

Your Right to Medical Attention

You have the right to receive medical attention if you’re injured during an arrest. Law enforcement must provide you with necessary medical care, and you should ask for it if you need it. Additionally, if you have a medical condition that requires treatment, you should tell law enforcement as soon as possible. They must consider your medical needs when deciding about your arrest and detention.

Your Right to Remain Calm and Cooperative

While exercising your rights during an arrest is essential, it’s also important to remain calm and cooperative with law enforcement. Being belligerent or confrontational can escalate the situation and make things worse for you. You should never resist arrest, even if you believe it’s unjustified. It’s crucial to remember that resisting arrest, even if you believe the arrest is unjustified, can have serious consequences. Not only can it escalate the situation and result in additional charges, but it can also put you and law enforcement in danger. If you resist arrest, law enforcement may use force to subdue you. This force can be physical, such as handcuffing or tackling you or using a Taser or other non-lethal weapon. In some cases, law enforcement may be authorized to use lethal force if they believe their life or the lives of others are in danger. Understanding your rights during an arrest is crucial for protecting yourself and your legal interests. By knowing your rights, you can assert them effectively and avoid making mistakes that could harm your case. If you’re ever arrested, remember to exercise your right to remain silent, to an attorney, to know why you’re being arrested, to refuse searches, to medical attention, and to stay calm and cooperative.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

If you get arrested in Chicago, it’s important to know your rights. An officer can arrest you if he or she sees you committing a crime, has probable cause that you committed a felony, or if he or she has a warrant for your arrest.

In this post, we’re going to tell you what not to do at your arrest, and how to get help if you are charged with resisting or obstructing arrest.

You Cannot Use Force

In almost every case, you do not have the right to resist arrest. This is true even if the arrest is illegal.

You can be charged with resisting arrest or other serious offenses if you use force against an officer. You need to fight back in court with a Chicago attorney’s help, not fight back on the street where you are arrested.

You Cannot Resist a Search

The officer may search you or your property at the scene of the arrest, at the jail, or both. If you resist this search, you could face charges.

The police have the right to seize any evidence they find that could be used against you. Officers will photograph you and take your picture, and the arrest may be posted online in local newspapers.

There is nothing you can do to prevent this from happening.

You Don’t Have to Answer Questions

You are protected by Miranda rights that give you the right to remain silent. However, you do need to provide basic information, such as your name and other identifying information, for the booking.

Request the presence of an attorney before you answer any probing questions by police.

If you answer these questions on your own, you run the risk of accidently incriminating yourself. Your attorney can advise you on how to answer questions so you protect yourself.

You Don’t Need to Speak to Anyone

It’s important to keep quiet around everyone – including other inmates or family and friends who visit you. Assume the police are listening in on everything you say and looking for information to hold against you.

You can simply say, “I don’t want to talk,” when someone begins speaking with you. This is the best way to protect your rights until your lawyer is present.

You Shouldn’t Provide Details on the Phone

You will likely be allowed to make a phone call to an attorney, family members, or a bail bondsman. It’s wise to assume that these phone calls are recorded or monitored. Don’t say anything incriminating on the phone. Simply use the call to state basic details.

You Should Get Legal Help

In the heat of the moment during arrest, your emotions can get out of control. It’s important to keep your wits about you and enlist the help of a skilled Illinois criminal attorney to fight for your rights in court.

If your arrest was illegal, your lawyer may be able to get your charges dismissed before the case ever goes to court. Check with an attorney as soon as you are arrested to protect your rights and minimize your charges.

These things may seem obvious, but being arrested has a way of keeping people from thinking straight. They get emotional. They do stupid things.

Knowing what not to do can’t stop you from doing it, but at least it arms you with knowledge of how you should behave when you get your head on right.

About the Author:

Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes.

Being arrested by a law enforcement officer is something that no one ever wants to experience. The arrest process is, to say the least, unnerving, leaving the accused flustered and more prone to making lapses in judgement. Unfortunately, law enforcement is well aware of this, and officers often take advantage of the situation by tricking the accused into incriminating themselves.

If you’re arrested following an alleged assault, you may not necessarily be charged with a crime. In fact, the decisions you make during and following your arrest may greatly impact your likelihood of ultimately being charged with assault or a related offense.

Knowing what to expect ahead of time will help you make the right judgement calls should you ever be arrested. That’s why we’ve provided a guide of what the arrest process should look like in Illinois, and how to avoid incriminating yourself once in police custody.

The Basics on Miranda Rights

When you are arrested by a police officer, this means that you are in police custody and are not free to leave. If you are arrested, you will be taken to a local police station. If the police believe that there is sufficient evidence to prove you committed a crime, you will be charged. However, if police believe that they need more evidence, they may hold you in custody for a limited time for questioning.

Before police can question you, they must notify you of your Miranda rights, which you’ve probably heard on TV before:

• You have the right to remain silent.
• Anything you say can and will be used against you in Court.
• You have the right to have an attorney present while you are being questioned.
• You will be provided with an attorney if you cannot afford one.

This part of the arrest is very important. If police fail to notify you of your Miranda rights, they cannot use any statements made during questioning against you in court. However, this does not apply to any statements made voluntarily prior to being notified of your rights.

We cannot emphasize enough that you absolutely should not speak to the police without an attorney present – under any circumstances. Many people mistakenly believe that if they explain the situation to the police, they’ll be free to go. Unfortunately, this usually isn’t the case.

Even if you believe yourself to be completely innocent, you may still be tricked into incriminating yourself. Police are even allowed to lie during questioning – for example, by stating that they have witnesses or evidence implicating your guilt, when they in fact do not.

You should always have a criminal defense attorney present before speaking to police. An attorney will advocate for you and protect you from common tactics used to trick suspects into admitting guilt.

Two Types of Assault Arrests in Illinois

If you are charged with assault, you will be processed at the police station. What happens next depends on whether you are being charged with felony or misdemeanor assault.

Misdemeanor Arrest. In Illinois, simple assault is charged as a misdemeanor. In this case, you will be allowed to post bond at the police station, and will be given a court date.

However, if you are charged with misdemeanor domestic battery, you may also be taken to court for a bond hearing, and for the judge to impose any necessary restrictions, for example protective orders for the alleged victim.

Felony Arrest: Aggravated assault may be charged as a felony. If charged with a felony, you will be processed at the police station. Your picture and fingerprints will be taken, and you will be run through a computer system to pull up your entire criminal background. You will then be taken to Bond Court for a bond hearing.

Remember: what you do following your arrest often determines whether you will ultimately face criminal charges. Be aware of your rights, and never speak to police without an attorney present.

About the Author:

Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes.