Your Rights in Court Following Your Arrest

 Posted on August 30, 2016 in Criminal Defense

Once you experience an arrest, the events that immediately follow the incident can be a blur, especially when the reality of facing criminal charges comes crashing down on you. The weight of such circumstances can be overwhelming, to say the least. Whether the accusation is a false one, you were in the wrong place at the wrong time, or you made a poor choice in the moment, being escorted to prison with long-lasting consequences on the horizon can seriously alter your present as well as your future.

Arrest Aftermath

What happens when the damage is done and there is no rewind button? Once you have been arrested and accused of a crime, your options are limited. You may not be able to take back the choices you made or change the circumstances surrounding the arrest, but you do have the ability to inform yourself of your basic rights and claim those liberties to the best of your ability in an effort to protect your best interests. 

What Are Your Rights in Court?

1. Time to prepare. No matter what criminal charge you are up against, the state of Illinois provides a number of rights to any citizen who experiences an arrest. For starters, you are given the right to prepare a defense before being tried in court, as long as the time you take to prepare is within reason. You may make phone calls, arrange to speak with an attorney, and address any questions or concerns.

2. Time to seek counsel. The state allows you to work with an attorney of your choice. You have this freedom whether you declined your right to be provided with counsel during police interrogation or not. If you need time to build your case and you need the right professional to help build it for you, the law allows you the option to get your affairs in order before heading to court. 

3. Understand the charges against you. You have the right to know why you are being arrested and what grounds the accusations are based on. Illinois law clearly states that you have the right to be informed of the charge being placed against you. This means you may request a copy of the formal paper that cites the charge against you and receive this record free of cost.

4. Refrain from testifying. You are also free to refrain from testifying if you wish, and you are entitled to plead "not guilty." Choosing not to testify does not automatically deem you guilty; no judge or jury is to consider your silence or lack of participation as evidence that you are guilty. Determining how you should plead your case and deciding whether or not you should testify in court are vital factors in the outcome of your conviction.

The moment you are accused of a crime, it is time to speak with a knowledgeable Chicago criminal defense attorney. Every case is different, but everyone shares the same rights when it comes to bringing the incident to court. We would be happy to explain the options available to you as you move toward negotiations or trial. Call the Luisi Legal Group today at 773-276-5541 to schedule a free initial consultation.

Source:

https://www.isba.org/sites/default/files/publications/pamphlets/Arrested.pdf