policies and procedures of the illinois criminal justice system

Police custody and arrest
Incident
Involvement in the criminal justice system begins with an alleged violation of state criminal law
or local or municipal ordinance. Individuals can enter police custody in different ways. A police
officer may directly observe a violation of the law or ordinance or may be called to investigate a
report of a possible crime. In either case, when a police officer determines that he or she has
probable cause to believe an individual committed a criminal act, he or she can take that person
into custody. Even with probable cause, a police officer may choose to release the individual and
continue an investigation into the alleged offense. A police officer has discretion, limited by the
police department’s policy, regarding what action he or she takes. A person also may be taken
into police custody on a warrant. A warrant is an order issued by a judge authorizing the arrest of
a specific person. Figure 3 provides some of the rights of individuals accused of a crime, but is
not exhaustive.
Figure 3
Rights of the accused
The following are some rights of adults accused of a crime:
• Right to remain silent at every step of the investigation and criminal prosecution.
• Right to prompt bond hearing.
• Right to a free attorney if the individual cannot afford to hire a private attorney,
as determined by the court.
• Right to decide whether to plead guilty or not guilty.
• Right to be informed of the evidence and witness statements in the prosecution’s
possession.
• Right to decide whether to present the case to a jury or judge for trial.
• Right to confront witnesses.
• Right to testify or not testify during criminal proceedings.
• Right to appeal a conviction.
• Right to refuse to provide DNA samples except when ordered by the court.
Complaint
A complaint is a document completed by a police officer stating the alleged offense. The
complaint informs the accused of the nature of the charge and its filing starts the court process.
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