When You Are in Custody
After you have been arrested, you will be taken into custody. For those arrested in McHenry County, you will be taken to the local police station, and later transported to the McHenry County Adult Correctional facility in Woodstock. Your arrest will be recorded in police records, and you will be fingerprinted and photographed. After you have been taken into custody and processed, you will need to obtain bail money in order to be released.
You may be asked to participate in a line-up. This is a procedure in which several people, including a suspect, are shown to victims and witnesses of a crime to determine whether or not they can identify the person who committed the offense. If the police ask you to participate in a line-up, you have a right to have an attorney present. At Franks and Rechenberg, P.C. we can determine whether or not the line-up is being conducted properly.
Several hours or days may pass before you appear before a judge who can consider releasing you. For example, those arrested for the offense of domestic battery are required to appear before a judge in “rights court,” and may wait one to two days before appearing in Court. Also, those arrested for domestic battery must surrender any and all firearms in his or her possession, and refrain from returning to the domestic residence or having contact with the alleged victim for seventy-two (72) hours.
During this period, stay calm and do not discuss the circumstances of your arrest with anyone! Any statements you make, even if you think they are harmless, may be reported to the police and used as evidence against you.
If you are accused of a less serious crime, such as traffic violation, for example, the arresting officer may provide you a “Notice to Appear.” Although you are not admitting guilt, you must appear in Court.
Release from Custody:
After your arrest, you will be brought before a judge and provided an opportunity to be released while waiting for your first Court appearance. The judge will set your bail. Bail is money or other property deposited with the Court to ensure that you will appear in Court as required. In setting your bail, the judge will consider several factors: your criminal history, the seriousness of the alleged offense, your ties to the local community, your employment, and financial resources. You will be required to post bail, or you may be released on your own recognizance, in other words, your promise to appear in Court as required. The judge will also advise you of your first Court date, your date in court for arraignment.
After you have been released from custody, you will be required to appear in Court approximately two to four weeks later for your arraignment. During your arraignment, the judge will formally advise you of the charge(s) pending against you, as well as the possible penalties and sentencing alternatives you face. If you appear in Court without an attorney, the judge must allow you a reasonable amount of time to hire an attorney before proceeding with your case. After your release and before your first court date for arraignment, you should seek the advice of David B. Franks of Franks and Rechenberg, P.C. as soon as possible. We can discuss your case, determine possible witnesses, outline a defense strategy and plan a course of action before you even appear in Court for the first time.