Your Rights When Held Without Charges for a Felony Case

 Posted on December 07, 2025 in Criminal Defense

Believe it or not, the police cannot just hold you indefinitely without pressing any criminal charges. They have to follow strict laws that are designed to protect your rights and the integrity of the case. If you are facing an investigation, an experienced Chicago, IL criminal defense lawyer can help protect your rights from the start and guide you through every step of the legal process.

Can Police Hold You Without Charging You in Illinois?

In Illinois, police may detain a person for investigation, but the law limits how long someone can be held without formal charges. According to 725 ILCS 5/109-1(a), a person who has been arrested must be brought before a judge without unnecessary delay for their first appearance. While Illinois law does not state a specific number of hours, courts have ruled that holding someone for more than 48 hours without a probable cause hearing is generally unconstitutional.

During this period, prosecutors decide whether there is enough evidence to file charges. If prosecutors do not file charges within a reasonable period, you may be released until charges are authorized. However, weekends, holidays, or unusual circumstances may extend this period slightly.

When Should You Contact a Criminal Defense Attorney?

You have the right to request an attorney if you are arrested and held for questioning, and you should do so as soon as possible. A defense attorney can immediately review whether law enforcement followed proper procedures. If you were held too long, they can challenge your detention in court. If police gathered evidence improperly, your lawyer can ask the judge to exclude that evidence.

An attorney also serves as your direct advocate when dealing with prosecutors and police. Even a short period in custody can affect employment, family life, and mental well-being. Having a lawyer involved early in the process ensures that someone is protecting your interests.

What Should You Do If You Are Questioned Without a Lawyer?

If police officers begin asking you questions, remember that you have the right to remain silent and to ask that your attorney be present. You are never required to answer questions about where you were, what you were doing, or who you were with. Staying calm and simply saying that you would like to speak with a lawyer is the best way to protect yourself.

Once you ask for a lawyer, questioning should stop until your attorney is present. Continuing to talk or trying to explain yourself can lead to misunderstandings or statements that may later be used against you. It is always safer to wait for legal counsel before responding to any questions.

Schedule Your Free Consultation With Our Cook County, IL Criminal Defense Attorney

Attorney James F. DiQuattro is an accomplished and aggressive advocate. He represents individuals under both state and federal criminal investigations. He is known for going the extra mile and fighting for every client he defends. With his experience, he can challenge improper procedures, protect your constitutional rights, and pursue the best possible outcome in even the most serious cases.

Call Law Offices of James F. DiQuattro at 312-627-9482 today to schedule your free consultation with a Chicago, IL criminal defense lawyer you can trust. Our team is available 24/7 to help you protect your rights and move forward with confidence.