If you have been arrested and charged with a crime, it is normal to feel confused or stressed. No matter what the charge is, you may not know what happens next or how the court process works. The criminal court system in Illinois can be complicated and hard to understand, especially if you have never been through it before.
That is why having an experienced defense lawyer is so important. An experienced Cook County criminal defense lawyer can explain each step, protect your rights, and help you work toward the best possible result as early as possible in your case.
Though each case is unique, most criminal cases follow a fairly standard timeline of events.
Arrest
The criminal court process usually starts with an arrest. An arrest begins the steps that can lead to a trial. Police cannot arrest someone for no reason. Arrests are based on two legal ideas: probable cause and reasonable suspicion.
- Probable cause is based on evidence. Police must have clear facts or proof before they can arrest someone. One common example is a DUI arrest. An officer may see a driver speeding and drifting between lanes, which gives the officer a reason to pull the driver over for unsafe driving. When the driver rolls down the window, the officer smells alcohol and sees empty beer cans in the car. The driver is slurring their words and acting strangely. Based on these signs, the officer has a legal reason to arrest the driver for DUI.
- Reasonable suspicion, however, means an officer thinks a crime may be happening. For example, an officer is parked on a busy street and sees someone running down the sidewalk carrying a duffel bag. A short time later, a robbery alarm goes off. Based on this, the officer has a reason to suspect that the person running may be involved in the robbery.
After an officer arrests you, you will be taken into custody and told about your rights. You have the right to:
- Keep your mouth shut
- Have a Cook County criminal defense lawyer present during the police interview
After you are taken into custody, your case will be passed along to the prosecutor.
Charges
Prosecutors file charges, not police. After an arrest, the prosecutor reviews the police report to see if there was a valid reason for the arrest. If so, the prosecutor files charges with the court. This can happen quickly, or it may take weeks, months, or even longer, depending on the case.
Bond Hearing
Bond hearings take place in felony cases. At the hearing, the judge will explain your rights and decide how much bail you have to pay based on the severity of your charges. If you post bail, you will be allowed to go home while you await trial. If you can’t pay, you will stay in custody until the case moves forward.
Preliminary Hearing
A preliminary hearing is different from a bond hearing because the judge listens to the prosecutor’s evidence. The defense can question the witnesses and present its own witnesses. If the judge decides there is not enough reason to move forward, the case may be dismissed.
Arraignment
At the arraignment, you are formally told what charges you face. You will enter a plea of “guilty” or “not guilty.” Many people plead “not guilty,” which can lead to a trial, but a plea agreement may also be possible.
Prosecutors often offer plea deals. This means they ask you to plead guilty in return for a lighter sentence. Many cases end this way and never go to trial. However, avoiding a trial is not always the best choice. You should never accept a plea deal or plead guilty without talking to a qualified lawyer first.
Trial
Criminal trials can happen in two ways. In a bench trial, the judge alone decides the case. In a jury trial, a group of jurors hears the case and reaches a decision. Choosing a jury can take a long time because the court must make sure the jurors are fair. In a bench trial, there is no jury, so the case moves straight to opening statements.
After the jury is selected, both sides give opening statements and start showing evidence. Different people may testify, such as witnesses who saw what happened, police officers, or experts. Both the prosecutor and the defense can question these witnesses and present their own evidence.
After all the evidence is presented, the jury discusses the case and reaches a decision, or in a bench trial, the judge decides. If you are found not guilty, the case ends. If you are found guilty, the judge will decide the punishment, which may include jail or prison time, fines, probation, or other penalties.
Accused of a Crime? Contact Fabbrini Law Group Today
If you are accused of a crime, you should talk to an experienced Cook County criminal defense lawyer as soon as possible. The criminal court process is complicated, but a skilled lawyer can explain each step and stand up for you.
Facing criminal charges can be stressful, but you do not have to handle it alone. A knowledgeable lawyer can help protect your rights and explain what to expect at every stage. If you or a loved one has been charged with a crime in Cook County, contact Fabbrini Law Group today at (312) 494-3131 or fill out our online contact form to schedule a private consultation.