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 you can be held in custody before being charged or released. 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 the length of time you can be held in custody after an arrest in Illinois: 

The 48-Hour Rule 

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. 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 bond in Illinois

In summary, the length of time you can be held in custody after an arrest in Illinois is 48 hours. In the 48 hours, the police are looking for as much evidence as possible to charge you. 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 detemrine what amount, if any, is necessary for your release. Understanding your rights and working with an experienced criminal defense attorney to protect your rights and ensure the best possible outcome for your case is vital.