How Long Can Police Hold Keep Me in Jail Before They Charge Me With a Felony in Illinois?

If you are arrested on a felony charge in Illinois, you may be wondering how long the police can keep you in custody before releasing you. The answer to this question depends on several factors, including the nature of the charges against you and the evidence that the police have gathered. In this blog post, we will explore the rules surrounding how long police can keep a suspect in custody on a felony charge before releasing them in Illinois.

Initial Detention Period

When you are first arrested on a felony charge in Illinois, you may be held in police custody for an initial detention period. This period can last up to 48 hours, during which time the police must either release you or bring you before a judge for a bond hearing.

At the bond hearing, the judge will determine whether you should be released on bail or held in custody pending trial. The judge will consider factors such as the nature of the charges against you, your criminal history, and the risk that you may flee or pose a danger to the community if released.

Pretrial Detention Period

If you are held in custody pending trial, there are rules governing how long the police can keep you in custody before releasing you. These rules are set out in the Illinois Code of Criminal Procedure.

Under Illinois law, a defendant who is being held in custody pending trial on a felony charge must be brought to trial within 120 days of their arrest. This time period is known as the "speedy trial" period.

However, there are exceptions to this rule. For example, if the defendant requests a continuance, the speedy trial clock will stop until the new trial date. Similarly, if the defendant is unavailable for trial due to a medical condition, the speedy trial clock may be paused.

Additionally, there are circumstances where the speedy trial clock may be paused or extended for the convenience of the court or the prosecution. For example, if a judge is unavailable to hear a case due to illness, the speedy trial clock may be paused until the judge is available.

Post-Conviction Detention Period

If you are convicted of a felony in Illinois, the rules surrounding how long the police can keep you in custody before releasing you will depend on the length of your sentence.

If you are sentenced to a term of imprisonment of less than one year, you may be held in custody in a local jail or correctional facility. However, if you are sentenced to a term of imprisonment of one year or more, you will be transferred to a state correctional facility.

Under Illinois law, prisoners who are serving sentences of one year or more must be eligible for parole after serving a certain percentage of their sentence. The percentage varies depending on the offense, but it typically ranges from 25% to 85%.

If you are denied parole, you may be required to serve the remainder of your sentence in custody. However, you may be eligible for early release for good behavior or participation in rehabilitative programs.

In conclusion, the rules surrounding how long police can keep a suspect in custody on a felony charge before releasing them in Illinois are complex and depend on several factors. If you are facing felony charges, it's important to speak to an experienced criminal defense attorney who can help you understand your rights and develop a defense strategy that is tailored to your unique situation.