Believe it or not, the police cannot just hold you indefinitely without pressing any criminal charges. They have to follow strict laws that are designed to protect your rights and the integrity of the case. If you are facing an investigation, an experienced Chicago, IL criminal defense lawyer can help protect your rights from the start and guide you through every step of the legal process.
Can Police Hold You Without Charging You in Illinois?
In Illinois, police may detain a person for investigation, but the law limits how long someone can be held without formal charges. According to 725 ILCS 5/109-1(a), a person who has been arrested must be brought before a judge without unnecessary delay for their first appearance. While Illinois law does not state a specific number of hours, courts have ruled that holding someone for more than 48 hours without a probable cause hearing is generally unconstitutional.