Chicago Criminal Attorney

Your lawyer should have a strong understanding of the laws that apply to your case and the procedures followed in the court where you are facing charges.

To get the best defense, you should work with an attorney who is experienced in cases similar to yours, who can explain your best options for defending against the criminal charges you are facing, and who can negotiate an outcome to your case that will minimize your potential consequences.

Following an arrest, a person will typically be taken to their local police department, where they will be booked and processed. In some cases, police officers may conduct interrogations or obtain personal information about a person’s criminal history.

Following a DUI arrest, a person may be asked to take a chemical test of their blood alcohol content (BAC), and refusal to take these tests will result in the suspension of their driver’s license.

Depending on the charges filed and other factors in the case, a person may be required to pay bail before they can be released.

You are not required to answer any questions asked by police officers or provide anything other than basic information about your identity. Police officers will typically read you your “Miranda rights,” which state that you have the right to remain silent, that anything you say to police officers may be used against you in a criminal case, and that you have the right to be represented by an attorney.

In most cases, it is advisable to avoid speaking to police or answering any questions without having an attorney present.

A person cannot be held in police custody for more than 48 hours without being given the opportunity to appear in court. In some cases, a person may be released, and a court date will be scheduled, while in other cases, a defendant may appear before a bond court judge to determine if they must post bail before being released.

A preliminary hearing will then be held to determine whether charges can be pursued, and an arraignment may then be held where charges are formally entered. The case will then proceed to trial.

This initial hearing will determine whether police had probable cause to arrest a defendant. Witnesses may be called to testify, including the officer that made the arrest, and these witnesses may be cross-examined by the prosecutor and the defendant’s attorney.

If the judge determines that the testimony shows that there is a preponderance of the evidence to show probable cause, then the case may proceed, and the prosecutor may officially file criminal charges against the defendant.

In this hearing, the formal criminal charges will be presented against the defendant. The defendant will make a plea, and they will typically plead “not guilty,” although this plea may be changed at a later date.

The defense attorney may make a motion for discovery to ensure that all information used by the prosecution during the case will be available to the defendant.

The court may also impose restrictions on the defendant, such as requiring them to submit to electronic monitoring during the course of the case. The defendant will also be required to appear at any future court hearings.

Before a criminal trial begins, the defendant’s attorney may request that a conference be held between themselves, the prosecutor, and the judge.

In this conference, both sides will present the facts of the case and discuss the arguments they plan to make, and the judge will offer a recommendation about an appropriate sentence for the defendant, allowing the parties to reach a plea bargain and avoid the need for a trial.

Since criminal charges against a defendant are pursued by law enforcement officials and prosecutors, the opinions of an alleged victim will not necessarily play a role in the decision about whether to dismiss the charges.

In some cases, a witness’s choice not to testify in court may result in a dismissal, but if a prosecutor believes they have enough other evidence to demonstrate the defendant’s guilt, they may choose to continue to pursue the case.

Misdemeanors are less serious crimes, and a conviction may result in a prison sentence of no more than one year or other penalties, such as fines, probation, or community service. More serious crimes may be charged as felonies, such as murder, sexual assault, possession or delivery of controlled substances, theft of high-value items, multiple DUI offenses, robbery, or burglary.

A felony conviction can result in a jail sentence of one year up to life in prison.

Alleged violations of state laws will be prosecuted in state courts, and these cases will be subject to the applicable statutes regarding criminal offenses and penalties.

Some more serious crimes may be prosecuted at the federal level, and these cases typically involve alleged criminal activity that took place across state lines, such as drug trafficking, distribution of child pornography, or fraud.

Federal agencies such as the FBI or DEA may be involved in these cases, and lengthy mandatory minimum sentences may apply if a person is convicted.