Behind Bars: How Long Can You Be Held in Custody After an Arrest in Illinois?
If you are arrested in Illinois, you may wonder how long can police detain you or how long can you be held without charges in Illinois. The answer depends on several factors, including the offense's severity, the arrest's circumstances, and a judge's availability.
Here are some important things to know about how long can you be remanded in custody for after an arrest in Illinois:
The 48-Hour Rule (How Long Can Police Detain You?)
Under Illinois law, a person arrested must be brought before a judge within 48 hours of the arrest. This is known as the 48-hour rule. During this time the police can question you, question other witnesses, and collect additional evidence. Many people are unaware of this rule and unfortunately confess to a crime when the police would otherwise have insufficient evidence.
Some people mistakenly believe Illinois follows a 72 hour hold Illinois rule, but that is not accurate for most criminal arrests. After being brought before a judge within 48 hours, the judge will determine whether there is probable cause to continue holding the person in custody before formal charges are filed with the court. This is called a Gerstein hearing.
Bond Hearings
After having a Gerstein hearing the judge determines there is probable cause to detain, you have the right to a bond hearing. At the bond hearing, a judge will consider factors such as the seriousness of the offense, your criminal history, missed court dates (known as bond forfeitures) and anything else the State feels the judge should know in determining whether to release you on bond. This is called “Aggravation.” Your attorney will share with the judge all of the “good” things about you such as your level of education, family, length of time living in the jurisdiction, any mental ilness, and other factors your attorney feels should warrant releasing you from custody. If the judge orders that you must pay a bond in order to be released, you must pay 10% of that amount to the court to guarantee that you will appear for future court dates. This type of bond is called a “D bond.” If you do not have an extensive criminal history and there is nothing aggravating about the particular case, the judge could release you from custody without any amount of money being posted. This is called an “I bond.” If you pay a bond and do not appear in court, not only will there be a warrant issued for your arrest, the amount you paid could be forfeited.
No Bond Holds
Sometimes, a judge may order that a defendant be held in custody without bond pending trial. This is known as a no bond hold. No bond holds are typically reserved for defendants considered a flight risk or a danger to the community. It is common for individuals who are charged with murder, sex crimes, and other forceful felonies to be held without bond. Illinois law does however allow a person to revisit bond periodically to convince a judge to set bond.
How Long Can You Be Held Without Charges in Illinois?
In summary, the length of time you can be held in custody after an arrest in Illinois is 48 hours. During this time, police are gathering evidence to determine whether charges should be filed, which directly impacts how long can you be held without charges in Illinois.
After the police obtain as much evidence as possible, there is a hearing to determine if there is sufficient probable cause to continue holding you. If you are being held in custody, you have the right to a bond hearing to determine what amount, if any, is necessary for your release.
Understanding how long can you be remanded in custody for, whether a 72 hour hold Illinois applies, and how long police can legally detain you is critical. Working with an experienced Chicago criminal defense lawyer to protect your rights and ensure the best possible outcome for your case is vital.
Arrest in Illinois FAQs
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In Illinois, police generally must bring an arrested person before a judge within 48 hours. During that time, officers may investigate and gather evidence before charges are formally filed.
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In most criminal cases, Illinois does not have a 72 hour hold rule. The standard requirement is a court appearance within 48 hours, although limited exceptions may apply in certain non-criminal or mental health situations.
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Illinois law requires that an arrested person be brought before a judge within 48 hours of arrest for a probable cause determination, known as a Gerstein hearing.
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If a judge finds probable cause at the Gerstein hearing, a person can be remanded in custody until a bond hearing is held and release conditions are set.
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If law enforcement fails to bring an arrested person before a judge within 48 hours, it may violate constitutional rights and could lead to release or suppression of evidence.
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Yes, police can temporarily hold a person while investigating, but they must seek a judicial review within 48 hours. If probable cause is not found, the person must be released.
