Cheronis & Parente LLC

Criminal Defense Blog

ON BEHALF OF CHERONIS & PARENTE LLC   /   February 7, 2022

What are my rights after an arrest?

When officers place you under arrest, it is imperative that you understand your rights. The goal of law enforcement is to gather evidence and information for the prosecutor to put together a case against you, so you have to look out for yourself.

The Illinois State Bar Association explains you have your general constitutional rights, such as the right to an attorney and the right to remain silent, but you have additional rights of which you should be aware.

Phone call

You do have the right to make a phone call within a reasonable time after your arrest. You can make more than one call and to whoever you wish. You can contact an attorney or a family member.


Upon your arrest, officers will take all your personal items. You have the right to get a receipt for those items that list each item. You will need that receipt to be sure that you get everything back upon your release.


You have the right to go before the court as soon as possible. When in court, you have the right to hear the charges against you. Keep in mind that officers may not know the actual charges. They only will know what charges they used to arrest you, which may not be the same as the charges against you.

The court does not have to grant you bail. Setting bail is up to the judge and will usually depend on your charges and criminal history. However, you do have the right to ask for the judge to set bail.

Being aware of your rights can help make the experience after an arrest more beneficial to you. It can also protect you from providing the prosecutor information to use against you.

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