The Timeline of a Criminal Charge in Illinois

 Posted on September 11, 2018 in Criminal Defense

Facing criminal charges can be a truly scary prospect. The process for how these charges are handled might seem tricky and confusing, but if you know the timeline and what to expect, it can ease your worries – at least a little. While every case is different and should be considered independently, there is a general framework of how the system works in Illinois. The following includes a general timeline of criminal charges in Illinois that you may encounter when facing the criminal justice system with the help of a skilled attorney:

The Offense and Arrest

A charge cannot be made unless a person is reasonably suspected of committing criminal activity. This suspicion may be determined through an extensive police investigation into an individual’s activities or through something as simple a traffic stop. However, the police must have probable cause in order to make an arrest. After being arrested, a suspect must be read their Miranda rights, informing them that they have the right to remain silent and contact an attorney.

Preliminary Hearing or Grand Jury

If the offense in question is a felony charge, a preliminary hearing or grand jury hearing will be used to formally charge the suspect. In these hearings, the prosecution must present a summary of the evidence against the defendant. The judge in a preliminary hearing or the jury in a grand jury hearing will decide whether there is enough evidence to charge the defendant with the crime.

Arraignment

At arraignment, a defendant is formally read the charges against them and given the option to plead “guilty” or “not guilty.” A defendant has the right to be represented by an attorney at the arraignment, and if necessary, the arraignment can be postponed while the defendant finds an attorney.

Trial Preparation and Trial

After arraignment, trial preparation begins. A defendant has the option to enter into a plea bargain and avoid a trial altogether. The defendant and their attorney will often enter into negotiations with the prosecution in an attempt to avoid trial. If no plea bargain is reached, then a trial will take place. Before trial, the defense attorney will contact witnesses, review documents or evidence obtained through discovery, and strategize the best options for success. At trial, both sides will present their case, and the judge or jury will decide on a verdict.

Verdict and Sentencing

The verdict will be read at the conclusion of the trial. If the defendant is found guilty, a separate sentencing hearing will be scheduled to determine the proper sentence. A sentencing hearing will also occur if a defendant decides to plead guilty at any time before a verdict is reached.

Appeal

A defendant has the right to appeal their case. To be successful, there must have been errors made during the trial, an unfair or improper sentence, or some other issue that greatly impacted the verdict and/or sentence.

Contact Us Today for Help

If you have been charged with a crime, an experienced attorney can help you navigate the legal process and determine your best options for defense. Skilled Rolling Meadows criminal defense lawyer Christopher M. Cosley can help you through all stages of a criminal charge. Contact us today at 847-253-3100 to arrange a free consultation.

Sources:

http://www.illinoiscourts.gov/SupremeCourt/Rules/Art_IV/ArtIV.htm#411

http://www.icjia.state.il.us/assets/pdf/ResearchReports/Policies_and_Procedures_of_the_Illinois_Criminal_Justice_System_Aug2012.pdf