Chicago complex criminal defense attorneys know that serious criminal charges demand a serious criminal defense. A full criminal proceeding can take several years and involve multiple stages. Understanding the purposes and limits of each stage enables a defendant, with the help of a complex criminal defense attorney, to present an effective defense.
Illinois Criminal Procedure
Investigation, Indictment, and Arrest: When a crime has been committed, the police conduct an investigation and identify a probable suspect. The evidence linking the person to the crime is then presented to a prosecutor or grand jury to determine if the suspect should be charged with the crime. The prosecutor can file a complaint or the grand jury can indict the suspect. The indictment or complaint informs the defendant of the charges forms the basis of the government’s case. Based on this document, an arrest warrant or summons is issued for the suspect. If the police wish to question the suspect, they must give him or her a Miranda warning. If the defendant does not consult with a Chicago criminal defense lawyer at this point, he or she may waive Constitutional rights and jeopardize the defense position.
Initial Appearance and Setting Bail: After an arrest, the defendant must be taken before a judge within the next three days. At this initial appearance, the Judge informs the defendant of the charges, explains the right to an Illinois criminal defense attorney, and determines if the suspect should be kept in custody or released on bail. A bail determination is based on the risk that the defendant will flee and whether the defendant poses a threat to any person or the community. An Illinois criminal defense attorney may present arguments at the bail hearing.
Probable Cause Hearing and Arraignment: Later, the defendant will be brought before a judge to determine if the government has probable cause for holding the defendant. If the defendant’s criminal defense attorney demonstrates a lack of probable cause, the defendant must be released. The first stage at which a defendant must make a determination about the nature of the case is the arraignment. At this stage, the defendant enters a plea of guilty, not guilty, or guilty but mentally ill. It is important to confer with an experienced Illinois criminal defense lawyer before the arraignment. The defendant may be able to agree to a plea deal and plead guilty to a lesser offense to receive a less severe punishment.
Trial, Sentencing, and Appeal: For a defendant that pleads not guilty, the government must determine if it wants to dismiss the charges or go to trial. At a criminal trial, the government must prove every element of the complaint or indictment beyond a reasonable doubt, and the defendant’s criminal lawyer has an opportunity to present competing evidence. A defendant can only be found guilty if the panel of twelve jurors unanimously finds the defendant guilty beyond a reasonable doubt. If a defendant is found, or pleas, guilty, the judge will hold a pre-sentencing hearing and consider the defendant’s criminal history, the severity of the crime, and the mental capacity, background, and family situation of the defendant. An experienced Illinois criminal attorney may be able to reduce the sentence imposed. After sentencing, the case is not over. The defendant, with the help of his or her criminal defense attorney, has the opportunity to file an appeal challenging one or many aspects of the conviction.
Contact the Chicago Complex Criminal Defense Attorneys at Dolan Law Offices
The Illinois complex criminal defense lawyers at Dolan Law Offices represent criminal defendants throughout Illinois and the greater Chicagoland area, including Aurora, Addison, Chicago Heights, Joliet, Hillsdale, Plainfield, Rolling Meadows, Des Plaines, Schaumburg, Palatine, Elk Grove Village, Hoffman Estates, Arlington Heights, Mount Prospect, Hanover Park, Streamwood, Prospect Heights, Wheeling, Wheaton, Waukegan, Inverness, Barrington, Buffalo Grove, Elgin, Bartlett, Itasca, Bloomingdale, Wooddale, Cook County, DuPage County, Lake County, McHenry County, and Will County.
If you have been charged with a crime, contact the Chicago complex criminal lawyers at Dolan Law Offices online or at 312-676-7600.
