In Illinois, knowing your constitutional rights can be the difference between a dismissed case and a conviction. This guide covers what police can and cannot do — and exactly what to say.
If you are currently under arrest or being questioned: Say only "I am invoking my right to remain silent. I want an attorney." Then stop talking. Call an attorney immediately.Find an attorney →
Illinois has passed several significant laws that affect your rights. Here's what changed.
Eliminated cash bail in Illinois — the first state to do so. Defendants are now detained based on risk, not ability to pay. Also expanded police accountability requirements.
The Illinois Supreme Court struck down the law that criminalized recording police. You may record police performing their duties in public spaces.
Strengthened the right to counsel at arraignment. Public defenders must be appointed at the first court appearance, not just at trial.
Legalized recreational cannabis and created automatic expungement for many cannabis convictions. Petition-based expungement available for larger amounts.
Prohibits discrimination in employment and housing based on criminal history in many circumstances. Employers must conduct individualized assessments.
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Report misconduct by local law enforcement
If police violated your constitutional rights during an arrest or search, an attorney may be able to get evidence suppressed or charges dismissed.