Questioned or arrested in Illinois

General information about Illinois law as of October 23, 2026. It is not legal advice for your situation, and reading it does not create an attorney-client relationship.

Do I have to talk to the police?

Officers write down what you say, and a false name, address or date of birth given to an officer who has lawfully detained or arrested you is a Class A misdemeanor (720 ILCS 5/31-4.5). Give your true name and address when an officer asks.

Beyond that, the Illinois Constitution says no one "shall be compelled in a criminal case to give evidence against himself" (Ill. Const. art. I, sec. 10), and the Code of Criminal Procedure says that on being taken into custody "every person shall have the right to remain silent" (725 ILCS 5/103-2). Stay calm and keep your hands where the officers can see them while you use it.

People talk because they think they can explain. Leave the explaining to your lawyer.

How do I stay silent the right way?

Going quiet is not enough: you have to say it, in words. In Berghuis v. Thompkins, a suspect said almost nothing for nearly three hours of questioning, then answered "yes" when asked if he prayed to God to forgive him for the shooting. The U.S. Supreme Court held he had never used his right to remain silent, because he did not say that he wanted to remain silent or that he did not want to talk. Had he made "either of these simple, unambiguous statements", he would have invoked his right "to cut off questioning" (560 U.S. 370, 376 and 382 (2010)).

So say it once, calmly: "I am going to remain silent. I want a lawyer." Then stop talking, and keep following the officers' directions. Do not answer the next question, or the friendly one after it.

How do I ask for a lawyer?

Clearly. The Supreme Court has held that a suspect "must unambiguously request counsel", clearly enough that a reasonable officer would understand it as a request for a lawyer. In that case, "Maybe I should talk to a lawyer" was not enough, and the questions went on (Davis v. United States, 512 U.S. 452, 459 and 462 (1994)).

Say: "I want a lawyer. I will not answer questions without one." After that, do not start the conversation again yourself, about the case or anything near it.

Am I free to leave?

Do not walk away from an officer until you know the answer. Ask exactly that: "Officer, am I free to leave?" If the answer is no, you are being held: stay, keep your hands visible, and use the words above. If it is yes, leave calmly.

An Illinois officer who reasonably infers that you are committing, are about to commit or have committed an offense may stop you in a public place "for a reasonable period of time", near where you were stopped (725 ILCS 5/107-14).

If you are told you are under arrest, stay calm. Do not argue, pull away or resist, even if you think the arrest is wrong. Illinois law forbids using force to resist an arrest you know is being made by a police officer, even an unlawful one (720 ILCS 5/7-7), and resisting or obstructing an officer is a Class A misdemeanor (720 ILCS 5/31-1). Your lawyer challenges the arrest later, in court.

Do I have to show ID or give my name in Illinois?

During that kind of stop, the officer may demand your name and address and an explanation of what you are doing (107-14). Give your true name and address. Never give a false one: a false name, address or date of birth given to an officer who has lawfully arrested or detained you is a Class A misdemeanor (720 ILCS 5/31-4.5).

The explanation is different: after giving your true name and address, you may say once, calmly, that you will not answer other questions without a lawyer, because the constitutional protection above still applies.

Identifying yourself can also keep you out of a cell. For an offense below a Class A misdemeanor, the officer must give you a citation instead of arresting you, "upon proper identification", with three exceptions (725 ILCS 5/109-1).

If the stop included a frisk or search, you are owed a stop receipt; see police searches in Illinois.

Do I get a phone call after an arrest?

Three. People in police custody have the right to call a lawyer and family members free of charge, as soon as possible and no later than 3 hours after arriving at the first place of detention. The clock pauses while you are asleep, unconscious or incapacitated, or during an emergency. If you are moved, the 3 calls start again (725 ILCS 5/103-3.5).

Use one call on a lawyer and one on someone who can find you one.

Are jail phone calls recorded?

Treat every one as recorded and as something a prosecutor may hear. The law protects one kind of call: where the court has appointed the public defender or another lawyer for people in custody and the number is posted, that call "must not be monitored, eavesdropped upon, or recorded" (103-3.5). Do not expect the same of any other call. Talk about the case with your lawyer and nobody else, and that includes your family on the jail phone.

Is there bail in Illinois?

Not cash bail. Illinois abolished the requirement to post money bail, apart from a few cases tied to other states (725 ILCS 5/110-1.5).

The law starts from a presumption that you are entitled to release on your own promise to come to court, on conditions such as going to every court date and not committing a new offense. Release can be denied only for the offenses listed in the detention statute and only after a hearing, and the State has to prove its case for detention by clear and convincing evidence (725 ILCS 5/110-2). You may have a lawyer at the hearing that decides release, and a public defender if you cannot afford one (109-1).

For a charge where release cannot be denied, the officer may release you without a judge, and must apply a presumption in favor of release. For a charge where release can be denied, you are taken before a judge without unnecessary delay (109-1).

What can my family do?

If someone you love has been arrested, you can:

• Call a lawyer for them. The facts stay between the lawyer and the person charged.
• Find out where they are held and the first court date.
• Keep the jail calls about health, money and the people at home, never about what happened.
• Stay off social media about it, and keep away from witnesses and anyone named in the case. Release conditions and protective orders can forbid contact.

When to call Rick

Call before you answer questions, or as soon as you can after an arrest. Rick handles criminal charges in Rockford, Loves Park and across Winnebago County, from the first court date on. If the arrest followed a traffic stop, read pulled over in Illinois, and if police searched your home, car or phone, read police searches in Illinois. Call (815) 986-1569.