Arrest With Detention In Illinois
Description
Form popularity
FAQ
Unlawful restraint. (a) A person commits the offense of unlawful restraint when he or she knowingly without legal authority detains another. (b) Sentence. Unlawful restraint is a Class 4 felony.
Sexual assault of a child, aggravated criminal sexual assault, criminal sexual assault, armed robbery, aggravated robbery, robbery, burglary where there is use of force against another person, residential burglary, home invasion, vehicular invasion, aggravated arson, arson, aggravated kidnaping, kidnaping, aggravated ...
Detainment and arrest are connected but are different. A detainment may not result in criminal charges, whereas an arrest will. You may be detained because an officer suspects that you know about a crime or that you were connected to a crime, and their suspicion is reasonable and valid.
Sexual assault of a child, aggravated criminal sexual assault, criminal sexual assault, armed robbery, aggravated robbery, robbery, burglary where there is use of force against another person, residential burglary, home invasion, vehicular invasion, aggravated arson, arson, aggravated kidnaping, kidnaping, aggravated ...
Under the new detention hearing process to keep someone in jail before trial, prosecutors must prove by “clear and convincing evidence” that the defendant “poses a real and present threat to the safety of a person or the community.” If the prosecutors allege the person is a flight risk, they have to prove “no condition ...
“The law would make 12 offenses “non-detainable,” including second-degree murder, arson, drug-induced homicide, robbery, kidnapping, aggravated battery, burglary, intimidation, aggravated driving under the influence, fleeing and eluding, drug offenses, and threatening a public official.” Id.
Domestic battery is an offense eligible for detention under 725 ILCS 5/110-6.1(a).
Citizen's arrest The law does not permit, however, a citizen to detain or arrest another person based on the mere suspicion that a crime is being committed; the citizen must have personal, firsthand knowledge of the commission of the offense.
After a criminal arrest, the court must decide whether the defendant should be held in jail until the charges are resolved, which is generally referred to as being “detained,” or be released and expected to voluntarily return to court for all required hearings and trial.
