Crime & Traffic

No. You do not have to make a statement, answer police questions, or participate in a police investigation. You have the right to remain silent if police try to question you about a crime. Anything you say can and will be used against you in court.

This is true whether police contact you in person, by phone, at your home, or at a police station. It is also true if police tell you that you are only a witness, that they "just want to talk," or that answering questions will help clear things up. If police question you about a crime, it is often a good idea to speak with a lawyer before answering questions.

If you want to remain silent, clearly tell the police, "I am exercising my right to remain silent." If you want a lawyer, say, "I want to speak with a lawyer." Once you ask for a lawyer, do not continue answering questions about the investigation. Being arrested does not take away your right to remain silent. 

Note: In some situations, Illinois law may require you to provide identifying information, like your name and address. However, you do not have to answer additional questions. Also, you must provide your driver's license and other required documents during a traffic stop.

Yes. Police are generally allowed to use deception during criminal investigations. For example, officers may falsely claim that they have evidence against you or that another person has implicated you in a crime. Do not assume that information provided during an interrogation is accurate.

However, Illinois law provides additional protections for those under the age of 18 and certain people with severe or profound intellectual disabilities. These individuals are considered "protected persons."

When questioning a protected person in custody, police generally cannot:

• Knowingly provide false information about evidence, or
• Promise leniency in exchange for a confession when they are not authorized to make that promise.

A confession obtained through prohibited deceptive practices may not be admissible in court.

No. You are not required to take a lie detector test. This applies to people who are under arrest, as well as those who have not been arrested.

Although lie detector tests cannot be used as evidence in most courts, it can and will be used by police officers and State's Attorneys in deciding whether or not to file formal charges.

A lie detector test is not always correct. It may show that you are lying even though you are not, or say that you are telling the truth when you are lying. This is why taking a lie detector test can be harmful even if you are telling the truth. 

Only if you are under arrest. You do not have to go to a police station to participate in a line-up if you have not been placed under arrest.

A warrant is a written order signed by a judge that authorizes police to take a specific action, such as searching a particular place or arresting a particular person. Police sometimes need a warrant before conducting a search or making an arrest. However, there are situations where police may act without a warrant, such as when they have probable cause to believe a person is committing or has committed a crime. A warrant may also be issued if you fail to appear in court. This is often called a "bench warrant."

The circuit court clerk in the county where the warrant was issued should have a record of the warrant. It may take several days for the clerk's office to update their records.

If you think there may be a warrant for your arrest, contact the circuit court clerk in that county to see if a warrant has been issued for your arrest.

Keep in mind that police do not always need a warrant to make an arrest. In some situations, a person may be arrested without a warrant if police have a legal basis to do so.

A police officer may arrest you if they reasonably believe that you are committing a crime or that you have committed a crime. Being arrested does not mean that you are guilty.

You are generally under arrest when a reasonable person in your situation would not feel free to leave. Some signs that you may be under arrest include:

• Being placed in handcuffs
• Being put in the back of a locked police car
• Being booked at a police station
• Being fingerprinted and photographed
• Being told that you are under arrest

Not every interaction with police is an arrest. Police may briefly stop and question a person without making an arrest. However, if police take you to a station or another location and do not allow you to leave, you are likely under arrest.

The law distinguishes between a temporary detention and an arrest. In some situations, a person may be considered under arrest even if police do not formally say, "You are under arrest." Courts look at the circumstances of the encounter to determine whether a reasonable person would have felt free to leave.

If you are arrested, you must provide your real name and address. You do not have to answer additional questions about an alleged crime. If police question you, you can say, "I am exercising my right to remain silent." You can also tell police, "I want to speak with a lawyer." Once you ask for a lawyer, you should not continue answering questions about the investigation.

Whenever you are arrested or taken into custody, you must be warned about certain things. Otherwise, the information you give to the police might not be able to be used against you. These are called Miranda warnings. You should be given these warnings when you are taken into police custody and before you are questioned.

If you are in custody, you should be treated humanely and provided with proper food, shelter, and medical treatment if necessary. You also have the right to make up to 3 free phone calls within 3 hours after arriving at the first place where police hold you in custody

The four Miranda warnings are:

• The right to remain silent,
• The warning that anything you say can be used against you in court,
• The right to a lawyer, and
• The right to have a lawyer appointed if you cannot afford one.

You do not have to answer questions about a crime, make a statement, or take a lie detector test. Clearly tell the police, "I am exercising my right to remain silent." If you want a lawyer, say, "I want to speak with a lawyer."

There is no exact time limit for how long an adult can be held in police custody before being charged.

An adult can be held in police custody for 48-72 hours before being charged or released. If you are to be held more than 48 hours, you are required to be brought before a judge to determine whether 24 more hours of detention at the station are justified.

A judge will look at many different factors to determine if someone’s constitutional rights were violated as a result of being held too long, including:

• How long the person was held
• Whether and how often the Miranda rights were read
• Whether the person was questioned
• The conditions under which the person was held, such as access to food, water, sleep, or medical care

Children have additional protections. The amount of time a minor may be held depends on the child's age and the alleged offense. For example:

• Juveniles age 12 and older may be held in a jail or police lockup for up to 12 hours, or up to 24 hours for certain serious offenses
• Children under age 12 generally may not be held for more than 6 hours

Beginning July 1, 2027, minors under age 13 generally may not be held in a jail or police lockup for more than 6 hours unless they are charged with certain serious violent offenses.

Being held in custody does not necessarily mean you have been charged with a crime. Police may continue investigating while deciding whether charges should be filed.

Yes. In Illinois, you have the right to make up to 3 free phone calls within 3 hours after arriving at the first place where police hold you in custody. Police must provide access to a landline or cell phone so you can make those calls.

You have the right to contact:

• A lawyer of your choice,
• Family members, and
• Other people who may be able to help you.

If police transfer you to a new place of detention, your right to make 3 phone calls begins again when you arrive at the new facility.

If you are under investigation or have been arrested, it is usually best to speak with a criminal defense lawyer before answering questions or making a statement. Even if police tell you that you are only a witness or that they "just want to talk," you should consider speaking with a lawyer first.

If you ask for a lawyer, police should stop questioning you until your lawyer is present. Calls with your lawyer are private. Police cannot monitor, listen to, or record conversations between you and your lawyer.

If you are arrested in your home and your children are present, police should try to place the children with a relative or another responsible adult that you choose. If no appropriate caregiver is available, the police may contact child welfare authorities to ensure the children are safe. If possible, tell the officers about any children who depend on you and provide contact information for a trusted adult who can care for them.

Yes. Police can arrest minors who are suspected of committing a crime. However, Illinois law provides additional protections for children during police investigations and questioning. When deciding whether to release a minor or keep them in custody, police may consider factors such as the alleged offense, the child's age, family situation, school attendance, prior history, and available community resources.

Children also have special protections during police questioning. Under Illinois law, juveniles are considered "protected persons." Certain people with severe or profound intellectual disabilities are also considered protected persons. Police cannot use certain deceptive interrogation tactics to obtain a confession from a protected person. For example, an officer generally cannot:

• Knowingly provide false information about evidence, or
• Promise leniency in exchange for a confession when they are not authorized to make that promise.

If police obtain a confession using prohibited deceptive practices, the confession may not be allowed as evidence in court.

Because children have additional legal protections, parents and guardians should consider speaking with a lawyer as soon as possible if a child is arrested or questioned by police.

Calls with friends, family members, or other people are generally not private. Police may monitor or record those conversations, so you should avoid discussing the facts of your case or anything related to the investigation. Calls with your lawyer are private. Police cannot monitor, listen to, or record conversations between you and your lawyer.

If a public defender provides legal representation at the police station, the public defender's phone number must be posted where people in custody can see it. In Cook County, you can contact the on-call Cook County Public Defender at (844) 817-4448.

Yes. If police are investigating you or you have been arrested, it is usually a good idea to talk to a criminal defense lawyer as soon as possible. A lawyer can explain your rights, help you decide whether to answer police questions, and represent you if criminal charges are filed.

If you cannot afford a lawyer, you may qualify for a public defender if you are charged with a crime. A judge will decide whether you qualify based on your financial situation and the type of case. Learn more about public defenders.

Even if police tell you that they "just want to talk" or that you are only a witness, consider speaking with a lawyer before answering questions.

Important: If a public defender provides legal representation at the police station, the public defender's phone number must be posted where people in custody can see it. In Cook County, you can contact the on-call Cook County Public Defender at (844) 817-4448.