How Long Can Police Hold Me After I Am Arrested in Illinois?

What Happens After an Arrest in Chicago and Why Federal Timelines Matter

How Long Can Police Hold Me After I Am Arrested in Illinois?When you’re arrested in Chicago—whether for a misdemeanor, felony, or federal offense—the first thing that crosses your mind is likely, “How long can they keep me here without charging me?” It’s a fair question, and one that deserves a detailed answer rooted in both Illinois and federal law. As a Chicago criminal defense lawyer handling both state and federal matters, I’ve seen firsthand how confusing and intimidating those first few hours after arrest can be.

The city of Chicago sees thousands of arrests each year, many of which begin with traffic stops, street-level police encounters, or federal raids. Regardless of how the arrest begins, the law sets specific timeframes that limit how long law enforcement can detain someone before they must be charged or brought before a judge.

Under Illinois law, police can generally hold a person for up to 48 hours without filing formal charges. But if federal authorities are involved—such as the FBI, DEA, ATF, or Homeland Security—the timeline can shift, and the case may follow federal rules under the Federal Rules of Criminal Procedure, which require that a person arrested without a warrant be presented to a judge “without unnecessary delay,” typically within 48 to 72 hours.

Whether you’re arrested for a state-level drug offense in Englewood or swept up in a federal wire fraud case in the Loop, understanding the timing of police custody and court appearances is critical to building a strong defense. The earlier a criminal defense lawyer in Chicago gets involved, the more likely we can challenge unlawful detention or improper procedures.

All crimes in Illinois—whether prosecuted in state or federal court—are classified as either misdemeanors or felonies. Misdemeanors are punishable by up to one year in jail. Felonies carry potential state prison sentences ranging from one year to life. Federal charges, meanwhile, are prosecuted in U.S. District Court and often carry mandatory minimums and sentencing enhancements.

In any arrest scenario, the clock starts ticking the moment you are taken into custody. Knowing how long police can legally hold you without charges—and what happens if they exceed that time—can change the entire course of your case.

Illinois Statutes, Federal Rules, and When Police Must Let You Go or Charge You

Under Illinois law, there is no hard rule written into the criminal code about an exact number of hours the police can detain you before charges must be filed. But decades of case law, along with the state’s commitment to due process under both the Illinois Constitution and the Fourth Amendment of the U.S. Constitution, establish that holding someone more than 48 hours without charges is presumptively unlawful unless extraordinary circumstances exist.

The most relevant guideline comes from the U.S. Supreme Court’s decision in County of Riverside v. McLaughlin, which held that suspects must receive a probable cause hearing within 48 hours of arrest. That ruling applies to both state and federal arrests. If the government fails to present you to a judge within that window, your defense attorney can file a motion challenging the detention—and in some cases, move to suppress any statements or evidence collected after the unlawful detention began.

When federal agencies like the FBI or DEA are involved, the arrest may be conducted under federal authority, and Federal Rule of Criminal Procedure 5(a) comes into play. This rule mandates that a person arrested without a warrant must be brought before a federal magistrate judge “without unnecessary delay.” While the phrase sounds vague, it generally means within 48 to 72 hours unless there is a weekend or holiday delay.

If you are arrested under a federal complaint or sealed indictment, you will likely be transferred to the Dirksen U.S. Courthouse in downtown Chicago, where your initial appearance will be scheduled. At that hearing, the judge will inform you of the charges, appoint counsel if needed, and decide whether you will be detained or released pending trial.

At the state level, your first appearance will likely take place at 26th & California, or at one of the branch courts throughout Chicago. The court will conduct a bond hearing, where the judge reviews the probable cause and determines conditions of release.

If you’re held longer than 48 hours without seeing a judge, or if you’re moved from one facility to another without clear explanation or access to counsel, that’s a red flag. An experienced Chicago federal criminal defense attorney can raise immediate objections, preserve your rights, and challenge improper conduct that may lead to case dismissal or suppression of key evidence.

The system doesn’t always work the way it should. That’s why timing matters. And that’s why you need a legal team who understands both local procedures and federal constitutional law.

Realistic Example: Arrest in West Side Chicago Leads to Federal Charges

Let’s consider a fictional—but realistic—example based on how many of these cases play out in Cook County.

A man in the Austin neighborhood is stopped by police during a traffic stop. Officers claim to smell marijuana and ask the driver to exit the vehicle. During a search, they find a handgun and what appears to be several packages of suspected narcotics. The man is arrested and taken to the local police district. He is told he’ll “probably be out soon,” but he is never given the option to make a phone call or speak to a lawyer.

More than 36 hours go by. During that time, he is questioned by a detective, who encourages him to cooperate “before the feds get involved.” The man, scared and confused, gives a partial statement. The next morning, federal agents arrive, and he is transferred to federal custody. He is then told he will be charged with federal drug trafficking and firearm violations under 21 U.S.C. § 841 and 18 U.S.C. § 924(c).

At this point, he finally contacts a Chicago criminal defense lawyer.

What went wrong? Several things. First, the detention likely exceeded the legal window. Second, he was questioned during that unlawful delay without proper counsel. Third, his statement may be inadmissible if we can show it was obtained during a period of unconstitutional custody.

By filing a motion to suppress and challenging the timing and legality of the arrest and detention, we may be able to have that statement excluded—and potentially weaken the federal case to the point where a favorable plea or dismissal becomes possible.

In these situations, the clock matters. Every hour counts. Every conversation can be used against you. The sooner your attorney steps in, the stronger your defense will be.

Why Legal Representation is Critical After Arrest—Even Before Charges Are Filed

One of the biggest mistakes people make after being arrested is assuming they can wait to call a lawyer. They think, “I haven’t been charged yet,” or “The police said they’re still figuring it out.” That’s exactly when you need a lawyer the most.

In Chicago, law enforcement officers are trained to gather information before you’re formally charged—because that’s when you’re least protected. You may be scared, disoriented, or trying to be cooperative. Unfortunately, those are the exact moments when people say things that later become the backbone of the prosecution’s case.

Once you’re in custody, your right to remain silent and your right to an attorney are your strongest protections. But they only work if you use them. If you’re not sure whether you’re being charged at the state or federal level—or you’re being moved between agencies—the safest thing to do is to say nothing and request to speak with a lawyer.

A Chicago criminal defense attorney can contact the authorities, determine your custody status, and demand immediate compliance with Illinois and federal rules on detention and due process. We can also preserve evidence, file emergency motions, and intervene before the case hardens into a grand jury indictment or formal complaint.

If the police or federal agents violate the 48-hour rule, or if you were denied access to an attorney during key moments, we can fight to suppress any evidence they obtained during that time. In some cases, we may even be able to challenge the arrest itself and push for dismissal.

The federal system moves fast, and so does the clock on your rights. If you’ve been arrested—or even think you’re under investigation—the best time to call a lawyer is now.

Chicago Criminal Defense FAQs – Holding Periods After Arrest

How long can police hold me without charging me in Illinois?
Generally, police can detain you for up to 48 hours without charges. If they don’t file charges or bring you before a judge within that time, your lawyer can challenge the detention. In most cases, holding someone longer without court appearance violates due process.

Is the timeline different for federal arrests in Chicago?
Yes. Under federal rules, authorities must bring you before a magistrate judge without unnecessary delay—typically within 48 to 72 hours. If you’re arrested on a weekend or holiday, it may take a bit longer, but delays beyond that can be challenged by your defense attorney.

Can I be held longer while they “investigate” my case?
Not without limits. While police often claim they are still “investigating,” they cannot use that as an excuse to detain you indefinitely. Once you are arrested, the legal clock starts, and your rights apply.

What happens at the first court appearance after arrest?
At your first appearance (state or federal), the judge informs you of the charges, sets bond or detention conditions, and assigns a future court date. If you don’t have a lawyer yet, the court may appoint one—but hiring a private attorney before this hearing is often critical to getting better results.

What should I do if I’ve been arrested but not charged yet?
Call a lawyer immediately. Do not wait for formal charges. The best defense starts while the case is still developing. A criminal defense lawyer can demand your release, challenge improper detention, and ensure your rights are protected before you’re in front of a judge.

Will I be released automatically if they don’t charge me?
Not always. Some people are transferred between agencies—like from CPD to the FBI or from local to federal custody—before charges are filed. Without legal intervention, you could stay in custody longer than the law allows. That’s why hiring a criminal defense attorney is so important.

Does the 48-hour rule apply to all crimes?
Yes. Whether you’re arrested for a misdemeanor, felony, or federal offense, due process requires prompt judicial review. The seriousness of the charge doesn’t erase your rights.

Why You Need The Law Offices of David L. Freidberg After Any Arrest

If you’ve been arrested in Chicago or anywhere in Cook County, it’s not enough to wait and see what happens. The decisions made in the first 24–48 hours can affect your entire future. Whether your case involves a state misdemeanor or a federal felony, the risks of waiting are too high.

At The Law Offices of David L. Freidberg, we’ve represented thousands of individuals arrested and detained in Illinois. We understand both the state and federal systems. We know when the clock starts, what the government is allowed to do, and how to fight back when they push past legal limits.

We fight for clients throughout Chicago, Cook County, DuPage County, Will County, and Lake County. Our firm is available 24 hours a day to take emergency calls and protect your rights from the very start.

Call The Law Offices of David L. Freidberg – 24/7 Defense Starts Here

If you or someone you love has been arrested in Illinois or is being held without charges, contact The Law Offices of David L. Freidberg immediately. We offer free consultations 24 hours a day. Call (312) 560‑7100 or toll free at (800) 803‑1442 now. Your rights can’t wait. Neither should your defense.