Arrests & Arraignments

If you’ve been arrested, it’s best to hire an experienced attorney, like Derek Asbury, to help defend against your case, whether you decide to plead guilty or not guilty. Once a date for your arraignment has been made, we’ll speak for you and start preparing your case for trial by judge or jury, depending on the type of case.

Setup a free consultation today by calling us at (309) 637-1601.

What Is An Arrest

An arrest is made when an officer places you under arrest and has read you your rights. An “arrest” occurs when a person is taken into police custody and is no longer free to leave or move around willingly. Whether physical restraints, like hand-cuffs, are used is solely based on the police department or officer, based on how willing you are to cooperate, or based on the department’s arresting procedures.

Arrests can be made when an officer witnesses a crime or has probable cause for:

  • DUI/DWI
  • Assault
  • Theft, Robbery, or Burglary
  • Other Crimes, etc.

Arrest Warrants can also be issued based on missed court dates, probable cause, or if a crime has been committed. An arrest warrant is a legal document issued by a judge or magistrate, often based on a police officer’s sworn statement. This document can include the crime(s) committed, who the suspect is, locations of a suspect, and permission to arrest said person for their crime, if committed.

By hiring us, we’ll help you fight against an unlawful arrest or help reduce your charges, or length of sentence if you’re guilty.

What Is An Arraignment

An arraignment is a court proceeding at which a criminal defendant is formally advised of the charges against him or her and is asked to enter a plea to the charges filed against them. Based on the charges, the court may also decide whether the defendant will be released pending trial. A bond may also be set upon release, which the defendant will need to pay before being released.

Arraignments must occur within a reasonable time after arrest. An unreasonable delay violates the defendant’s federal constitutional Sixth Amendment right to a speedy trial, and further actions can take place to dismiss the case or charges. Once your attorney files to dismiss the case due to delay, the judge must review the circumstances of the delay and determine whether the delay was unreasonable.

At arraignment, you’ll be asked to plead guilty, not guilty, or no contest. If you hire us, it’s our job to defend you against these three pleadings and start preparing your case for trial.