Our world and our lives are imperfect. Sometimes we run into conflict, and, sometimes, we find ourselves in a whole new world of trouble. Criminal trouble. All we can do is deal with the situation as we presently see it. It is crucial for you to remember your rights when accused of a crime in Illinois. You have seven basic rights when accused of a crime in Illinois.
Our world and our lives are imperfect. Sometimes we run into conflict, and, sometimes, we find ourselves in a whole new world of trouble. Criminal trouble. All we can do is deal with the situation as we presently see it. It is crucial for you to remember your rights when accused of a crime in Illinois. You have seven basic rights when accused of a crime in Illinois.
1. You have the right to remain SILENT.
1. You have the right to remain SILENT.
Everyone has seen an episode of Law & Order. If you haven’t, congratulations, you have more important things to do with your life. For those of you that succumb to occasional TV-time, you have probably memorized the line police officers say while handcuffing a suspect. It starts with, “you have the right to remain silent, anything you say or do can and will be used against you in a court of law…”
Most of us have heard this line many times over. As it turns out, you actually have this right when accused of a crime in Illinois. Go figure. What’s astonishing is the number of people that fail to use it. When the officer says, “anything you say or do can and will be used against you,” he means that stuff.
The officers already believe you are guilty; that is why they arrested you. Make things easier for yourself down the road. Keep quiet.
Everyone has seen an episode of Law & Order. If you haven’t, congratulations, you have more important things to do with your life. For those of you that succumb to occasional TV-time, you have probably memorized the line police officers say while handcuffing a suspect. It starts with, “you have the right to remain silent, anything you say or do can and will be used against you in a court of law…”
Most of us have heard this line many times over. As it turns out, you actually have this right when accused of a crime in Illinois. Go figure. What’s astonishing is the number of people that fail to use it. When the officer says, “anything you say or do can and will be used against you,” he means that stuff.
The officers already believe you are guilty; that is why they arrested you. Make things easier for yourself down the road. Keep quiet.
2. You have the right to not have unlawful means used against you.
2. You have the right to not have unlawful means used against you.
No unlawful means of any kind could be used to obtain a statement, admission, or confession from any person accused of a crime in Illinois and in custody. The scenes in Law & Order when an angry cop busts into the interrogation room and beats a confession out of a suspect just don’t fly, not even in Illinois. If such illegal means are used, resulting evidence should be thrown out.
Again, it is important to keep silent, because any information you volunteer is free-game (unless you weren’t read your rights, but that’s a topic for another day).
No unlawful means of any kind could be used to obtain a statement, admission, or confession from any person accused of a crime in Illinois and in custody. The scenes in Law & Order when an angry cop busts into the interrogation room and beats a confession out of a suspect just don’t fly, not even in Illinois. If such illegal means are used, resulting evidence should be thrown out.
Again, it is important to keep silent, because any information you volunteer is free-game (unless you weren’t read your rights, but that’s a topic for another day).
3. One of your rights when accused of a crime in Illinois is to be treated humanely.
3. One of your rights when accused of a crime in Illinois is to be treated humanely.
People accused of a crime in Illinois are still in the United States, not Nazi Germany. You have the right to be treated like a human being and given proper food, shelter, and, if necessary, medical treatment.
The food may not be great, but it beats starvation.
People accused of a crime in Illinois are still in the United States, not Nazi Germany. You have the right to be treated like a human being and given proper food, shelter, and, if necessary, medical treatment.
The food may not be great, but it beats starvation.
4. You have the right to communicate with your lawyer and family.
4. You have the right to communicate with your lawyer and family.
Our TV-watching readers know that a person in custody gets a phone call. But your rights when accused of a crime in Illinois go further. You have the right to communicate with a lawyer of your choice and a member of your family by making a “reasonable number of telephone calls or in any other reasonable manner.” Your rights begin a reasonable time after you arrive at the place of custody. What if you are transferred? Your rights renew.
Our TV-watching readers know that a person in custody gets a phone call. But your rights when accused of a crime in Illinois go further. You have the right to communicate with a lawyer of your choice and a member of your family by making a “reasonable number of telephone calls or in any other reasonable manner.” Your rights begin a reasonable time after you arrive at the place of custody. What if you are transferred? Your rights renew.
5. You have the right to consult with a lawyer.
5. You have the right to consult with a lawyer.
Repeat after me: “I-want-my-LAWYER.” This is the only exception to the “remain silent” rule (besides giving booking information, like your name/address/etc). Your rights when accused of a crime in Illinois allow you to hire an attorney of your choice, whether you have been charged or not, and to meet with him/her in private as many times and for such period each time as is reasonable.
When you ask for your lawyer, all attempts by the officers to question you have to stop. It is even more powerful than saying you want to remain silent.
Repeat after me: “I-want-my-LAWYER.” This is the only exception to the “remain silent” rule (besides giving booking information, like your name/address/etc). Your rights when accused of a crime in Illinois allow you to hire an attorney of your choice, whether you have been charged or not, and to meet with him/her in private as many times and for such period each time as is reasonable.
When you ask for your lawyer, all attempts by the officers to question you have to stop. It is even more powerful than saying you want to remain silent.
6. You have the right to a speedy trial.
6. You have the right to a speedy trial.
One of your rights when accused of a crime in Illinois is to have a trial within a set period of time. If you are in custody, you have the right to a trial within 120 days of the date you were taken into custody; if you are out on bond, you have the right to a trial within 160 days of the date you demand trial. However, if you are responsible for any delays, you waive your right to a trial within those time frames.
One of your rights when accused of a crime in Illinois is to have a trial within a set period of time. If you are in custody, you have the right to a trial within 120 days of the date you were taken into custody; if you are out on bond, you have the right to a trial within 160 days of the date you demand trial. However, if you are responsible for any delays, you waive your right to a trial within those time frames.
7. You have the right to a trial by jury.
7. You have the right to a trial by jury.
Your rights when accused of a crime in Illinois include a trial by jury. The only way you lose that right is if…drum-roll, please…you waive it. Deciding between a jury or bench trial often comes down to strategy. Make sure to discuss your concerns with your lawyer.
Good luck!
Your rights when accused of a crime in Illinois include a trial by jury. The only way you lose that right is if…drum-roll, please…you waive it. Deciding between a jury or bench trial often comes down to strategy. Make sure to discuss your concerns with your lawyer.
Good luck!