ROCKFORD, Ill. (WTVO) — Since 2007, the number of arrests in Illinois has been on a downward trend, with 155,266 arrests made in 2021, according to the Illinois Criminal Justice Information Authority.

While the numbers are going down, arrests are still happening across the state, and do not seem like they will be stopping anytime soon. If a person does get arrested, they might be wondering what rights they have.

Citizens’ rights are outlined in the Fifth, Sixth and Eighth Amendments of the United States Constitution’s “Bill of Rights,” according to the Illinois State Bar Association. Being aware of these amendments can make a person sure that how they are being treated while in custody is constitutional or not.

If a person is arrested, they will be read the Miranda Rights. The person performing the arrest will tell the detainee that “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you.”

These mean that authorities cannot force a person to answer questions or sign any documents. A person can use this in court if they are forced to give any incriminating information by threats or persistent questioning.

Residents are also allowed to place some phone calls within a reasonable time of them being taken into custody. That right is renewed if the person is transferred to a new place of custody, meaning that authorities cannot prevent a person from taking these calls.

When someone has a charge against them entered, they are considered to be “booked.” This does not happen immediately after a person is taken into custody, but it must happen within a reasonable amount of time. If this does not happen in a reasonable amount of time, the person will be brought before a court to decide if they are being held unlawfully.

If a case goes to court, the defendant is entitled to know exactly what charges are being brought against them. They are allowed to plead “not guilty” if they choose too, and also are not required to testify. If they do not testify, neither the judge nor the jury can view this as evidence of guilt.