The Arrest Procedure

Chicago Criminal Defense Lawyer Explains the Arrest Procedure

Law enforcement officers are required to comply with many strict procedural guidelines during an arrest, as our Chicago criminal defense lawyer can explain. He or she can discuss the guidelines regarding this information in order to determine if any procedural mistakes were made that may affect your defense.

Arrest

A criminal case on the part of the defendant usually begins with an arrest. This arrest often comes out of the blue. Ordinarily, a criminal defendant does not have a Chicago criminal defense lawyer at the time that he or she is arrested. However, if the defendant was aware of an ongoing investigation, such as in the case of many white collar crimes, it is possible that a Chicago criminal defense lawyer is already involved.

Booking

In many instances, the criminal defendant is transported from the local precinct. He or she is usually booked there or at a central holding facility. Booking consists of recording information about the person. It usually consists of photographing the suspect and fingerprinting him or her. The intake officer may ask the suspect questions that identify him or her and any previous criminal record. He or she may ask about the defendant's present address, employment status, nationality and immigration status.

Complaint

While a suspect is being booked, the prosecutor is usually working on filing a complaint or other type of charging document.

Initial Appearance

The next transport usually occurs when the criminal defendant is taken from jail to the courthouse, unless the police released the defendant on bail or with a summons. A bail agency may also interview the defendant in order to assess whether the defendant should be released due to sufficient ties to the community and limited risk of flight. The initial appearance may be the first time that the criminal defendant meets with his or her Chicago criminal defense lawyer for the first time. The appearance is held before a judge, magistrate or justice of the peace.