Chicago Criminal Defense Lawyers – Arrest FAQs
Below are some common questions and answers related to getting arrested in Chicago and what happens.
Q – How Do you Get Someone Out of Jail?
Answer – The key to getting someone out of jail usually involves paying bail. But before being released, a defendant must complete the booking process, a bureaucratic, often humiliating, procedure. Once that’s completed, the defendant can post bail according to a bail schedule and get released. Or, the defendant awaits arraignment (where the amount of bail can be changed by the judge) or attends a special hearing on setting bail.
In some instances, no bail is required (as explained below). Usually, however, a court will require payment of bail before release. Every defendant who is released must agree to return for scheduled trial and hearing dates, as well as to abide by certain conditions while awaiting trial. Defendants who have committed a capital crime or are considered a high flight risk may be denied bail—that is, these defendants will not be released after arrest and prior to trial. Federal and state laws differ as to when judges have the discretion not to grant bail.
Q – Do you Need an Attorney to Get Out of Jail?
Answer – No, an attorney is not needed to post bail or to get a defendant out of jail. However, a defendant charged with a crime that results in a prison or jail term is entitled to counsel. And a defendant being questioned about matters relating to an alleged crime may request an attorney be present. In these situations, if the defendant cannot afford an attorney, the court will appoint one. The advantage of retaining an attorney at the time of arrest is that the attorney may be able to get the bail reduced or get charges reduced (resulting in lower bail).
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