Criminal Pleas in Illinois

 Posted on January 06, 2016 in Criminal Defense

If you are being charged with a crime in Illinois, your charges will be formally read to you at your arraignment hearing. You will be required to enter a plea, or an official statement as to whether you are guilty or not, at this time to the charges you face. You have four plea choices in Illinois: not guilty, guilty but mentally ill, guilty and no contest.

Not guilty, guilty but mentally ill and guilty pleas are specifically provided for under 725/ILCS 5/113-4(a). Pleading no contest is limited to only certain situations, and the court does not have to accept a no contest plea.

In all cases, it is very important that you consult with an experienced criminal defense lawyer to determine which plea is best for your particular circumstances. Which plea you choose will play a significant role in how your criminal case will proceed, and your plea choice could also have a lasting effect on your life since pleas are made part of your criminal record.

Not Guilty

When you plead not guilty, you are not admitting guilt for the crime that was allegedly committed. Pleading not guilty means that your case will proceed to trial.

Guilty but Mentally Ill

When you enter a plea of guilty but mentally ill, you are admitting to committing the alleged crime, but you are also asserting that the charges should be mitigated by the fact that you were mentally ill at the time you committed the crime. The court can accept this plea, and must first make a determination on the issue of your mental state at the time of the crime, before proceeding further.

Guilty

Pleading guilty means that you admit to your guilt for committing the alleged crime. The court can enter your guilty plea and move your case forward to sentencing. You will have the guilty plea on your criminal record.

No Contest

No contest is an interesting plea because this plea means that you do not disagree with the facts, but you do not admit that you are guilty. A no contest plea is very rare in Illinois, and in most criminal cases cannot be used; as such, consulting with an experienced criminal defense attorney is the best way to see if a no contest plea is available for you in your particular case. It is treated much like a guilty plea, and is entered into your criminal record. The main difference between a guilty plea and a no contest plea is that when you plead no contest, your plea cannot be used against you later if any civil suits arise. The court does not have to accept your plea of no contest, and will likely reject it.

Call the Law Offices of Christopher M. Cosley

Deciding how to plea in your criminal case is something that needs to be fully considered and discussed with your criminal defense attorney. An experienced Rolling Meadows criminal defense attorney can help you understand your options and what the consequences of each option might be. Please contact the Law Offices of Christopher M. Cosley online. We can also be reached by calling 847-253-3100.

Source:

http://ilga.gov/legislation/ilcs/fulltext.asp?DocName=072500050K113-4