Facing Criminal Charges? Here Is What to Expect

 Posted on July 10, 2019 in Criminal Defense

Whether you are facing DUI charges, drug possession charges, or any other criminal charge, chances are you are pretty scared. However, the case is not as hopeless as it may seem. Often, those accused are fearful because they simply do not know what is coming next. They do not know what to expect, and they fear the worst. While a Rolling Meadows criminal defense attorney can fully explain the process, below are the basic steps you will go through after being charged.

The Arrest

An arrest does not occur until an officer has detained or restrained you, and taken you to a holding facility. If this occurs, you should say as little as possible. Anything you say can be used against you later in the case. You should speak to an attorney as soon as possible, and a lawyer can speak on your behalf. You should always be advised of these rights. If you are not, the arrest is unlawful and your case could be thrown out.

Bond or Release

Sometimes after an arrest, law enforcement will interview the detainee and any witnesses to piece together what happened. If they do not think you committed the crime after this, they may simply release you. If they do think you are guilty, they will set a bond amount. If this amount is paid, you are released with the expectation to appear in court. You will be assigned a court date within 60 days of your arrest. If bond is not posted, you can be held up to 30 days, or until you can appear in front of a judge for a preliminary hearing.

Arraignment

During the arraignment, you will have a chance to hear the charges against you. A judge will ask if you understand them. You will then enter a plea of either guilty or not guilty.

Pre-Trial or Trial

If you plead not guilty, you will then move into the pre-trial and trial phase. During pre-trial, your lawyer and the prosecutor will move into the discovery phase and submit evidence to the courts that will be used at trial. At trial, a judge or jury will listen to the arguments of your attorney and the prosecution and make a decision on your case.

If you plead guilty at the arraignment, you will move to a sentencing hearing. During this hearing the judge will determine the sentence you will face for the crime. After this point, you will also have a conviction permanently on your record.

Call a Rolling Meadows Criminal Defense Attorney for Help with Your Charges

If you have been charged with a crime, the Law Office of Christopher M. Cosley can help. Our skilled Rolling Meadows criminal defense attorneys will build a solid defense for you and advise on what to do during each step of the criminal justice system. We know charges do not have to turn into convictions, and we work hard to prevent that from happening. Call us today at 847-253-3100 or contact us online for a free consultation to learn how we can help with your case.

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-501