What is a warrant?

A warrant is an order, issued by a judge, instructing a police officer to search a certain place or to arrest a certain person. A judge has to decide if a warrant should be issued or not. Sometimes the police need a warrant to conduct a search or make an arrest. Other times they do not need one, such as if there is probable cause to believe you have committed, are committing, or are about to commit a crime. Some warrants may be issued if you miss a court date, called a “bench warrant,” which is one reason it is so important to make all court appearances if you have a criminal case.

Is there a warrant for my arrest?

The circuit clerk in the county where the warrant was issued should have a record of the warrant. It may take several days for the clerk's office to update their records. 

Contact the circuit clerk in that county to see if a warrant has been issued for your arrest. However, in many cases, you may be arrested even if there is no warrant.

Do I have to talk to the police?

No. You do not have to make a statement, answer police questions or participate in a police investigation. You have the right to remain silent if police try to question you about a crime. Anything you say can and will be used against you in court. 

Note: You can be required to identify yourself if the police reasonably suspect that you are in the process of committing a crime or committed a crime. Learn more about when you are required to identify yourself and your rights when you are under arrest or in custody. 

Do I have to take a lie detector test? 

No. You are not required to take a lie detector test. This applies to people who are under arrest, as well as those who have not been arrested. 

Although lie detector tests cannot be used as evidence in most courts, it can and will be used by police officers and State's Attorneys in deciding whether or not to file formal charges.

A lie detector test is not always correct. It may show that you are lying even though you are not, or say that you are telling the truth when you are lying. This is why taking a lie detector test can be very harmful even if you are telling the truth. 

Do I have to participate in a line-up?

Only if you are under arrest. You do not have to go to a police station to participate in a line-up if you have not been placed under arrest.

Can the police lie?   

Yes. Police are allowed to lie to you during an investigation. Common techniques involve lying about the strength of the case they have against you, or what evidence they have against you. 

Note: Starting January 1, 2024, if you have a severe or profound intellectual disability, you are considered a "protected person." A protected person also includes someone who was under the age of 18 when the offense happened. Protected persons have special rights when they are being questioned while in custody. An officer cannot use deceptive practices to get a protected person to confess to certain illegal activities. An officer uses deceptive practices when they:

• Tell you information about evidence that they know is false, or
• They offer you leniency in exchange for a confession when they were not allowed to offer it.

If they do either of these things, your confession could be kept out of court. There are exceptions to this rule. See the Illinois Code of Criminal Procedure (725 ILCS 5/103-2.2) and Illinois Juvenile Court Act (705 ILCS 405/5-401.6) for more information. 

Talk to a [no-lexicon]lawyer[/no-lexicon] before talking to the police

It is best that you contact a criminal defense lawyer before making any statements in a criminal case. Even if you are told that police officers only want to question you, or that you are only a witness, you should still speak with a lawyer first. 

When you are taken into police custody, you have the right to talk to an attorney. You should get your phone call within 3 hours of being taken into custody. You must be given access to a landline or cell phone to make 3 calls.

If you are transferred to a new place of custody, your right to a phone call is renewed. The phone number of the public defender providing stationhouse representation must be displayed, if there is one for that location. In Cook County, the number for on-call police station representation through the public defender is (844) 817-4448. Phone calls to a public defender or any other attorney can’t monitored, eavesdropped upon, or recorded.

Statements to the police

Anything that you say to police officers, state's attorneys, or anyone else, except for your lawyer, can be used as evidence against you if you are charged with a crime. This can include formal, signed statements, as well as verbal replies to questions or comments.

What happens if I don’t participate?

Although you have a right to refuse to answer questions in a criminal investigation, this may or may not be in your best interest, although it typically is not in your interest to speak with police. 

For example, in a Department of Children and Family Services (DCFS) investigation, the fact that a person has not participated in the criminal part of the investigation may have a negative effect on the family law part of the investigation. 

It is always best to speak with a criminal defense lawyer before deciding if you should participate in an investigation or not.  

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