Tag Archives: arrest

WHEN DOES A TRAFFIC STOP BECOME AN ARREST?

If you are stopped for a traffic offense or DUI, an arrest occurs the moment you are no longer free to leave.  This moment matters because an officer must have probable cause to arrest you.  If not, an attorney may … Continue reading

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YOUR RIGHT TO COMMUNICATE WHILE IN POLICE CUSTODY IN ILLINOIS

Under 725 ILCS 5/103-3.5, you have the right to communicate free of charge with an attorney of your choice and members of your family as soon as possible upon being taken into police custody, but no later than 3 hours … Continue reading

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WHEN DOES A TRAFFIC STOP BECOME AN ARREST?

You were driving your car when police stopped you for a broken taillight. The officer started out friendly enough but then began to suspect you of some type of wrongdoing. Now the officer has asked you to get out of … Continue reading

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CAN POLICE ARREST YOU FOR DUI OUTSIDE CITY LIMITS?

The Illinois criminal code generally limits arrests outside a police officer’s jurisdiction except under certain circumstances. The Illinois municipal code, however, permits an officer to make an arrest in an adjoining municipality as long as it is within the same … Continue reading

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DOG SNIFFS AND THE UNDULY PROLONGED TRAFFIC STOP

In 2005, the United States Supreme Court changed the law regarding police stops. Before Illinois v Caballes, police needed specific and articulable facts to change the nature of a stop. After 2005, an officer could change the nature of the … Continue reading

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“I MISSED MY COURT DATE!:” THE ILLINOIS LAW ON BOND FORFEITURE WARRANTS

You overslept and didn’t make it to court. Or maybe you couldn’t get off from work. In any case, you missed the court date for your DUI. What can happen to you? What can you do? When you are charged … Continue reading

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CAN THEY SEARCH MY STUFF IN SOMEONE ELSE’S CAR?

You were a passenger in a friend’s car. You had your suitcase in the backseat. Your friend got pulled over by police, and police searched your bag and found drugs or weapons. Can the police search your bag if you … Continue reading

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THE POLICE NEED A REASON TO STOP YOU: ILLINOIS LAW ON ARRESTS

You really hadn’t done much. You and your friend were parked side by a side in a deserted lot. You handed a small package to your friend, and he pulled off. Next thing you know, the police blocked your car. … Continue reading

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DO I NEED AN ATTORNEY FOR A DUI BOND HEARING IN ILLINOIS?

(UPDATED 1/16/24:  Illinois eliminated cash bond under the SAFE-T Act as of September 18, 2023.  However, you can still be held in jail if the state meets certain criteria. You should still consider hiring an attorney for any pre-trial detention … Continue reading

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“I WAS PULLED OVER IN A ROADBLOCK!”: WHEN YOU ARE ARRESTED FOR DUI AT A POLICE CHECKPOINT

You were driving home from a party. As you approached the intersection near your home, you noticed what appeared to be a police roadblock with flashing lights. Officers were stopping cars and checking IDs. When it was your turn, you … Continue reading

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