Tens of thousands of arrests occur each year in Chicago, ranging from violent crimes to property crimes or juvenile offenses. Understanding the next steps is critical to making informed decisions and avoiding mistakes that could negatively affect your case, your freedom, and your future.
At Combs Waterkotte, our criminal defense lawyers are prepared to guide you through every stage after an arrest. Call (314) 900-HELP today or contact us online for a free consultation.
What This Guide Covers
- What typically happens after an arrest in Chicago
- Steps you can take to protect yourself
- How an arrest does not automatically lead to a conviction
- How Combs Waterkotte can assist you during this process
Arrested in Illinois? What You or a Loved One Can Expect Next
If you or a loved one were recently arrested in Chicago, you may be wondering what occurs next in the criminal justice system. While every case is unique, the following steps typically take place:
Booking and Processing
After an arrest, law enforcement will take the individual into custody and perform administrative procedures. During booking, officers may:
- Take fingerprints
- Photograph the individual (mugshot)
- Check for outstanding warrants
- Search the individual and confiscate personal belongings
These steps officially record the arrest and begin the criminal process.
Interrogation or Statements
Law enforcement may attempt to question the arrested individual about the alleged offense. It is crucial to remember:
- You have the
- You have the right to request an attorney
Never answer questions without a lawyer present. Politely decline and clearly state that you want legal representation.
Prosecutor Review
The prosecutor will review your case to determine whether there is sufficient evidence to file formal criminal charges. This may include:
- Evaluating law enforcement evidence
- Reviewing witness statements
- Considering the seriousness of the alleged offense
If the prosecutor finds sufficient evidence, formal charges will be filed.
Detention Hearing (Within 48 Hours)
A judge will decide whether you will be released on bail or remain in custody. Factors considered include:
- The seriousness of the charges
- Your criminal history
- Whether you pose a flight risk
- Potential risk to public safety
A Chicago criminal defense attorney can argue for lower bail or less restrictive bond conditions to facilitate your release.
Arraignment
The arraignment is usually the first formal court appearance after charges are filed, often within several weeks. During this hearing:
- The defendant is formally informed of the charges
- The defendant enters a plea (guilty or not guilty)
- Future court dates are set
This marks the official start of court proceedings.
Pre-Trial Phase
During the pre-trial phase, both prosecution and defense prepare their cases. This may include:
- Reviewing and exchanging evidence
- Interviewing witnesses
- Filing legal motions (e.g., motion to suppress evidence, challenge police procedures)
- Discussing plea negotiations or alternative resolutions
This stage is crucial for building a strong defense.
Trial
A trial can be either a jury trial (with 12 citizens serving as a jury) or a bench trial (with only a judge presiding). If your case goes to trial, you should be prepared for multiple days of opening statements, witness testimony, evidence submission and closing arguments. Afterwards, the jury or judge will deliver a verdict. Many criminal cases will be resolved through plea deals, however, before ever reaching the trial phase.
Steps You Can Take to Protect Yourself After an Arrest in Chicago
The hours and days following an arrest are critical. Key actions to protect your rights include:
- Remain silent
- Request a criminal defense attorney immediately
- Do not consent to searches of your person, car, or home without a warrant
- Stay calm and do not resist arrest
- Refuse to answer questions without legal counsel
- Document everything you remember about the arrest
- Avoid posting about the incident on social media
- Do not discuss the case with cellmates
- Avoid contacting witnesses or individuals involved in the case
Evidence such as surveillance footage, witness accounts, and police body camera recordings may be critical to your defense. Our legal team ensures all relevant evidence is collected and analyzed.
An Arrest in Chicago Does Not Mean You Will Be Convicted
Many people mistakenly assume that an arrest automatically leads to a conviction. Before a conviction can occur:
- A prosecutor must determine that sufficient evidence exists to file formal charges
- The prosecution must prove the case beyond a reasonable doubt
Depending on your case, several outcomes are possible:
- Dismissal of charges
- Reduction of charges
- Negotiated plea agreements
- Trial
The outcome depends on the evidence, charges, and strength of the defense.
How Our Chicago Criminal Defense Lawyers Can Help You
The early stages of a criminal case can significantly impact the outcome. When you work with Combs Waterkotte, our attorneys will:
- Investigate the circumstances of your arrest
- Determine if law enforcement had probable cause
- Verify whether warrants were properly issued
- Identify any violations of your constitutional rights
- File motions to suppress unlawfully obtained evidence
We also advocate for reasonable bail conditions and work toward your release from custody as quickly as possible. We explain your charges, outline potential penalties, and help you prepare for every stage of the legal process.
Call (314) 900-HELP today or contact us online to schedule a free consultation to protect your rights and start building a strong defense.
