DuPage County Criminal Attorney

Criminal Court Process in Illinois

Criminal cases in Illinois typically follow these steps:

• Investigation and ArrestThe police and prosecutors conduct their investigations first. They try to gather evidence and establish probable cause for arrest at this stage. Once this is done, they arrest the suspect.
• Bond HearingAfter the arrest, a hearing will be held to set bail. The judge in the bond court determines if the defendant is eligible for release. If so, they set the amount and other conditions for release. At this stage, the defense attorney can make a case. They can convince the judge why their client should be released and push for a lower bond amount.
• Preliminary Hearing or Grand JuryFor felony offenses, there is usually a preliminary hearing or grand jury indictment. These are for determining whether there is probable cause that the defendant committed the offense. If it is determined that there is, they will be formally charged.
• ArraignmentThis is the stage where the defendant makes their plea. Defendants have the right to plead guilty or not guilty. In some rare cases, a plea of no contest may be entered. A guilty or no contest plea will allow the court to go straight to sentencing rather than trial. Otherwise, a not-guilty plea will make the case proceed to the pre-trial stages.
• Pre-trial Stage The defense attorney reviews the prosecution’s evidence at this stage. This process is called ‘discovery.’ After this, the defense prepares its strategy and case. This may include gathering witnesses and other relevant evidence. They may also enter negotiations for a plea bargain with the prosecution.
• Trial and verdictThe defendant may choose between a bench and jury trial. At any point before the verdict, both parties may agree on a plea deal. After both sides argue their case, the judge or jury determines guilt. Where the defendant is deemed innocent, the case ends. Otherwise, a sentence is passed.
• SentenceThe judge imposes a sentence in line with relevant statutes and guidelines. Both the sentence and conviction can be appealed.

Possible Outcomes and Penalties

A case has three possible outcomes: conviction, dismissal, and acquittal. The prosecutors may dismiss the case against you if they don’t have enough evidence against you. They can renew the case anytime, so you are not free if this happens. Meanwhile, if you are acquitted, you are declared innocent. In this case, you cannot be charged with the same crime again. Conviction is a guilty finding, and it comes with penalties.

Criminal offenses carry varying penalties depending on their level of severity. Common penalties for criminal offenses include fines, prison terms, probation, and community service. For sexual crimes, convicts are required to undergo sex offender registration. Depending on the offense, court-required counseling or rehabilitation may also be enforced. A standard penalty for DUI/DWI offenses is driver’s license suspension.

Also, for stealing offenses, mandatory restitution may be required. Certain offenses committed by non-citizens may lead to deportation. Lastly, a felon may lose certain rights. For example, losing voting rights while incarcerated. Other rights that could be lost are the right to own guns, work in certain places, and participate in government welfare programs.