Being arrested and charged with a crime may be one of the most stressful events in your life. If you are unfamiliar with the criminal court process in Chicago, IL, you may feel overwhelmed, scared, and alone.
A Chicago criminal defense attorney at KHK Family Law & Divorce Attorneys will guide you through the process. We will fight for your freedom and defend you against all criminal charges. Our lawyers have over 70 years of combined experience representing people. Our work includes representing people charged with crimes.
You deserve a Chicago criminal defense lawyer that you can trust. Call to meet our legal team at (872)-314-3677 and learn more about how we can help.
How KHK Family Law & Divorce Attorneys Can Help If You’re Arrested For A Crime In Chicago
Time is of the essence in any criminal case. KHK Family Law & Divorce Attorneys can begin working on your case immediately. We will help get you out of jail and build a strong defense against the criminal charges.
A Chicago criminal defense attorney on our team can:
- Explain the criminal charges and potential penalties
- File a bond motion and argue for pretrial release
- Review the discovery and collect independent evidence
- Negotiate and communicate with the prosecutor
- Identify the strongest defenses
- File pretrial motions
- Represent you at every court hearing
- Advocate for you at trial
- Argue for a mitigated sentence if you are convicted
You should never rely on the police, prosecutor, or judge to protect your rights throughout the criminal court process. Call our office to schedule a free consultation with a Chicago criminal defense lawyer today.
Overview Of Criminal Court Process In Chicago
The criminal court process in Chicago is complicated. There are many steps to a criminal case. Depending on the charges, your case may go rather slowly or quite quickly. You might have multiple court hearings, or just one, before your trial.
A Chicago criminal defense lawyer will explain exactly how the case will progress in your case. However, you’ll find the most common steps below.
Pretrial Release
One of the first steps in your case is to file a bond motion. During the bond motion, your lawyer will ask the court for pretrial release. This means that you will be released from jail until the date of your trial.
There may be conditions to your release. These conditions could include paying money, reporting to probation, taking drug tests, staying away from others involved in your case, or following other rules. If you violate any of the conditions, then you may be sent back to jail pending your trial.
If the judge determines that you are a threat to yourself or others or that you are a flight risk, then they will hold you without bond. You would be required to stay in jail until your trial date. Assuming you are found not guilty at trial, you will be released. However, if you are convicted and sentenced to jail time, you will get credit for the time that you have served pretrial.
Pretrial Motions Hearings
Most criminal defense attorneys file pretrial motions before your trial date. Pretrial motions allow your judge to decide on an important issue before trial. Either side can file a pretrial motion.
Some of the most common types of pretrial motions are:
- Motion to dismiss
- Motion to suppress
- Motion to exclude
- Motion for change of venue
- Motion to compel
Motions allow defendants to learn more about the evidence against them and control how the trial will progress. Sometimes a prosecutor may offer a favorable plea agreement or dismiss the charges as a result of a ruling against them.
Plea Bargaining
A plea agreement is an offer to resolve the charges. Most prosecutors make a plea offer at some point before trial.
The prosecutor asks the defendant to plead guilty in exchange for something that benefits them. This may be a lesser sentence, reduced or dismissed charges, or some certainty in their case. The defense attorney can negotiate with the prosecutor for a particular plea deal based on what their client wants.
Many people choose to plead guilty because they are worried about the risk of going to trial and getting convicted. However, if you have a strong defense, you may choose to go to trial instead of accepting a plea.
Trial By Judge Or Jury
If your case isn’t dismissed or resolved through a plea deal, then you will go to trial. You may have either a bench trial or a jury trial. A bench trial is decided by the judge, and a jury trial is decided by a jury.
During the trial, the prosecution will produce evidence and witnesses against you. Your lawyer can question these witnesses and make objections. You also have an opportunity to present evidence and call your witnesses or testify yourself.
At the end of the trial, the defense attorney will make an argument that you are not guilty. The judge or jury will decide whether or not there is evidence beyond a reasonable doubt to support a conviction. If you are convicted, there will be a sentencing hearing to determine your punishment.
We Can Defend You From Any Type Of Criminal Charge In Chicago
KHK Family Law & Divorce Attorneys aren’t afraid of any type of criminal charge. We will defend you no matter how minor or serious the alleged crime.
Some of the most common types of Chicago criminal charges are:
- Theft crimes
- Drug crimes
- Domestic violence
- DUI
- Assault
- Fraud
- Weapons offenses
- Sexual offenses
- Juvenile crimes
- Homicide
- Reckless driving
We will explain the elements of the charge. The prosecution must prove each element to be convicted. If they can’t, then you’ll walk free. Once you understand the elements of the charge, we can begin building a strong defense.
What Are The Penalties For A Criminal Conviction In Chicago, IL?
The penalty for any criminal conviction in Chicago, IL can be serious. The severity of the penalty depends on the type and category of crime. The two main categories of crimes are misdemeanors and felonies.
Misdemeanors are divided into Class A, B, C, and petty misdemeanors. Misdemeanors can carry jail time, fines, and probation. The consequences vary as follows:
- Class A: Up to 1 year in jail and a maximum $2,500 fine
- Class B: Up to 6 months in jail and a maximum $1,500 fine
- Class C: Up to 30 days in jail and a maximum $1,500 fine
- Petty: no jail time and a maximum $1,000 fine
Felonies are more serious than misdemeanors. Like misdemeanors, felonies are divided into classes based on the type of charge. The penalties vary and may include prison, fines, probation, and other collateral consequences.
- Class 1: 4-15 years in prison
- Class 2: 3-7 years in prison
- Class 3: 2-5 years in prison
- Class 4: 1-3 years in prison
- Class X: 6-30 years in prison
- Class M (Murder): 20-60 years in prison
People convicted of a felony may also receive an extended-term sentence. The court can impose an extended-term sentence if certain aggravating circumstances exist, such as a prior felonious record or a particularly heinous crime.
Generally, someone convicted of a felony will also be ordered to pay a fine between $75 and $25,000.
Collateral Consequences
Any conviction will have collateral consequences in addition to court-ordered consequences. However, the collateral consequences are worse for people convicted of felonies. The most common collateral consequences are:
- Loss of the right to vote
- Loss of the right to possess a firearm
- Difficulty maintaining employment
- Inability to pass a background check
- Difficulty finding housing
- Ineligibility for loans or financial assistance
- Social stigma and isolation
Many people are shocked to experience the collateral consequences of a conviction long after serving their prison time. It is important to understand that a criminal conviction may follow you forever. That’s why you need to vigorously defend yourself to avoid further harm down the road.
What Defenses Can Be Raised If I Am Accused Of A Crime In Chicago?
Even though it may not seem like it, we know that there are many different defenses in your case. The strongest defense will depend on the types of charges and specific circumstances of the case.
Some defenses are only available in certain types of cases, and others apply to all criminal charges. The most common types of defenses are:
- Alibi
- Mistaken identity
- Self-defense
- False accusations
- Defense of property or defense of others
- Entrapment
- Improper search or seizure
- Error in the criminal process
- Insufficient evidence
- Insanity at the time of the offense
You should also remember that the prosecution has the burden of proof. They must prove each element of the charge beyond a reasonable doubt. If there is reasonable doubt, then you won’t be convicted.
We can always argue that there isn’t enough evidence of one or all of the elements to warrant a conviction. This defense won’t require a defendant to produce any evidence or testify at trial.
Schedule A Free Case Evaluation With A Chicago Criminal Defense Attorney
If you are charged with a crime in Chicago, now is not the time to risk handling it without a lawyer. A Chicago criminal defense attorney is your best chance of walking away with dismissed or reduced charges.
Call KHK Family Law & Divorce Attorneys to schedule a free case evaluation as soon as possible. We strictly adhere to attorney-client privilege, so your case details will always stay private.