Navigating Illinois’s Criminal Court Process

 Posted on October 14, 2024 in Criminal Law

It can be overwhelming when you are arrested and charged. With so many questions swimming around in your head about what’s going to happen to you and what it might mean for your future, knowing what to expect in the criminal process can help. While you cannot control the outcome of your criminal proceedings, you can be prepared to face each stage of the process.

While each case is unique and might be slightly different, the stages described here are commonly part of the process. If you believe you might soon be facing criminal charges and an arrest, speak with an experienced Wheaton, IL criminal defense attorney who can help you understand your options, explain what to expect, and build a strong case to advocate on your behalf.

Police Investigation and Arrest

The first step in a criminal proceeding is generally a police investigation. This can take the form of questioning, a search of someone’s belongings, or a traffic stop. If the police demonstrate to the court that they have probable cause to assume that a defendant committed a crime, they can arrest him. The police need to issue a Miranda warning when they make their arrest and inform the suspect of the right to remain silent and be assisted by an attorney.

Bail or Bond Hearing

If charges are filed, the defendant is assigned a court date for a hearing about bail. The judge will consider many factors about the defendant’s background, personality, community involvement, and family status to decide whether he or she should be granted bail and if so, what conditions will be imposed on release.

Preliminary Hearing or Grand Jury

This is the stage when the defendant is formally charged. If it happens through a preliminary hearing, the prosecution summarizes their case for the judge who then determines whether there is a strong enough case to charge the defendant. If it happens through a grand jury indictment, 16 jurors need to decide whether there is enough evidence to suggest that the defendant committed the crime in question.

Arraignment

During the arraignment, the judge informs the defendant of the formal charges and possible penalties. The defendant needs to plead guilty or not guilty. If the plea is not guilty, the case will enter the discovery stage ahead of a trial.

Trial

The prosecution and defense will begin with discovery, as they review each other’s evidence, witness statements, and anything else relevant. They then move on to pre-trial preparation and plea bargains. If no plea agreement is reached, the case goes to trial.

Verdict

The jury or judge will consider all the information that was presented and issue a verdict. The defendant can be found not guilty, which would mean he or she is free to go and the charges are dropped. If they are found guilty, the case transitions to the sentencing stage. Depending on the sentence, the defendant might choose to appeal.

Schedule a Free Consultation with a DuPage County, IL Criminal Defense Lawyer

If you are facing criminal charges, a skilled Wheaton, IL criminal defense attorney can explain what you can expect at every stage and help you navigate the process. At Davi Law Group, LLC, we are passionate about defending our clients, regardless of the charges, and we are committed to defending you aggressively for a favorable outcome. Call us at 630-580-6373 to schedule a free consultation.