There is often uncertainty and some confusion following an arrest not only for the person in custody but also for his or her friends and family who are trying to find out what happened. A Chicago criminal defense lawyer can explain the typical procedure and begin a preliminary evaluation to determine if the individual’s rights were violated.
Where the arrest took place, which agency affected the arrest and the day and time of the arrest are all factors that impact exactly what happens to the individual. A typical scenario involves transportation from the place of arrest to the local stationhouse, to a county jail facility and then to court. However, a Chicago criminal defense lawyer will caution that this procedure may occur over a period of several days and perhaps more if a weekend or holiday is involved. Where exactly the person is may be difficult to determine. Once the person has been located, his or her lawyer can establish if bail has been set, the visitation procedures and when is the initial court appearance.
There are several grounds for challenging the legality of an arrest but one of the more commonly seen ones involves the reason why the arrested individual was initially contacted by the police. For an arrest to be legal, law enforcement must have probable cause to believe a crime was committed by that person. If no such probable cause existed, the arrest may be unconstitutional and any statements made by the person after arrest and any other evidence gathered as an incident of the arrest must be suppressed. However, case law has established that probable cause is not necessarily what the arresting officer actually thought or concluded at that time but merely what a reasonable officer could have though or concluded. Additionally, a detention that is not considered an arrest does not require probable cause.
If you or a loved one has been arrested or are the subject of a police investigation, you need experienced legal representation. The facts of the arrest and other case details are critical, but the evidence must be gathered quickly or may be lost. Don’t delay. Call the Law Offices of Haytham Faraj, a Chicago criminal defense lawyer, at (312) 635-0800. Call today.