Being charged with a crime can be very scary. It is very important to have a criminal defense lawyer on your side to make sure that you do not face the severe consequences associates with criminal offense convictions. If you need defense representation for your case, contact DuPage County Criminal Defense Attorney at Shastri Law. We will work on your case immediately and work with you to come up with the most favorable result. DuPage County Criminal Lawyer at Shastri Law provides experienced, criminal defense representation to defend against the charges.
Battery
Assault
Retail Theft
Disorderly Conduct
Criminal Damage to Property
Plus more offenses DuPage County Criminal Defense Lawyer will zealously represent you on.
All misdemeanor and felony arrests began with an investigation by the police. The investigation can be prompted by various means, but some common ways are from 911 dispatch calls or an officer's observance of an alleged crime being committed. Learn more below.
Whether or not a defendant will be released from custody after an arrest depends on several factors such as public safety risk or flight risk.
The arraignment date in Court is when the defendant will answer to the crimes he or she is alleged to have committed. This is where the defendant pleads not guilty, guilty or no contest.
As long the defendant did not plead guilty during arraignment, the defendant will be entitled to review all evidence against him or her in the form of "discovery" to help assist with the defense.
During the pendency of the case, facts may support certain motions to be filed such as a motion to quash and suppress evidence. Additionally, a proper investigation by the criminal defense attorney should take place to ascertain key witnesses, contradicting statements and other possible valuable evidence in the defense.
Once all of the evidence is reviewed and gathered, the case is ready for trial where the defense can present weaknesses in the prosecution's case and/or present defenses that the defendant may have. All defendants are entitled to a jury trial as well as a trial in front of a judge.
All criminal cases start with an investigation and an arrest. Investigation occurs when law enforcement has been dispatched or arrives to an alleged crime scene. This can occur due to a 911 phone call being made by the alleged victim, witness or simply anyone. Investigations can also occur without a 911 call and with the police department being informed or tipped off for alleged criminal activity that has occurred or is occurring. In a criminal investigation, the following are some titles that are relevant to the investigation:
After the investigation, the police will make an arrest if they believe a crime has occurred and that they know who has committed the crime. Sometimes, the arrest will occur immediately after investigation at the crime scene. For example, after police interview individuals at the crime scene and conclude that Person A was the offender then the police will arrest and book Person A. If the alleged offender is not at the crime scene, then the police will either try to track the individual or seek a warrant for the individual's arrest. Once arrested, the individual will be booked and processed. Note, some crimes may not result in an arrest but will result in a citation to appear in Court. These are reserved for lower-level criminal offenses such as Class C and Class B Misdemeanors such as Disorderly Conduct or Telephone Harassment. Additionally, for felony offenses, a grand jury proceeding can take place after an investigation to decide if a defendant should be indicted. The purpose of a grand jury is to decide if there is enough probable cause to charge the defendant with a crime. This proceeding can occur before formal charges are filed. But a defendant can be arrested prior to the grand jury proceeding. On the other hand, there can be a preliminary hearing after felony criminal charge is filed where a judge can decide if there was probable cause to make an arrest. If the judge finds there was no probable cause, then the charge can be dismissed.
After formal charges are brought, the individual is now a formal defendant in a criminal proceeding against him/her brought by the State of Illinois. There will also be a criminal case number associated with the case. The defendant will be clear as to the allegations made against him or her. A defendant can even be surprised to find out, by a formal complaint, that what may have been thought of as a misdemeanor traffic offense is filed as a felony offense. An example of this can be a felony reckless driving charge.
If the Judge assesses that the defendant does not pose a public safety or a willful flight risk, then the defendant will be able to be released from custody. Illinois does not require cash bonds anymore. However, those arrested for serious felony offenses can be detained pending trial. Some defendants can be in custody pending trial for Misdemeanors depending on the facts and history of the defendant. Should a defendant violate any of the bond conditions while out on pretrial release, the defendant risks being placed back into custody. Additionally, other terms and conditions can be imposed after an arrest such as no contact order or refraining from alcohol and/or illicit drugs prior to being released.
The defendant will have to be arraigned of the charges brough by the State. This arraignment will occur in front of the judge. If the defendant appears in court without an attorney after being released, the judge will most likely wait for the defendant to be arraigned until he or she retains counsel. It is important for all defendants to have counsel ready from the early stages of the criminal process system. This is true even for Misdemeanor offenses. At the arraignment, the judge will formally read the charges and penalties and will ask the defendant how he or she pleads to the charges brought against him or her. This is where the defendant would enter a plea of not guilty, guilty or no contest. Typically, the defendant can waive this formal process of the reading of the charges and enter a plea of not guilty. Pleading not guilty will allow the case to proceed and the defendant to obtain discovery to work on his or her defense prior to trial. After the arraignment, the court will typically set the matter for another date to return back for status. Between the arraignment date and the next court date, the defendant may receive discovery material from the State.
Discovery is material that the defendant will receive from the prosecution that they have in their possession that is relating to the case brought against the defendant. The defendant will want to make sure that his or her criminal defense attorney reviews all of the discovery. Some of the discovery includes:
It is crucial to review all of the discovery as there could be information within the discovery that proves the innocence of the defendant. Furthermore, key witnesses and other interested parties can be ascertained for the defense by reviewing the discovery material. It can also be used to approach witnesses who make contradicting statements at trial. The above list is just some of the discovery that would be tendered to the defense. Additional discovery can be tendered upon request by the defense.
Depending on the facts of the case, appropriate motions may need to be filed to assist the defendant with his or her defense and for trial. Some common motions may be:
In addition to the appropriate Motions being filed, the defense investigation should also take place at any point during the pendency of the case but not too late. Defense investigation can be searching for additional witnesses, speaking with currently known witnesses and issuing subpoenas to obtain and preserve evidence. All of this will assist the defense with strategy for trial. Additionally, favorable facts discovered can also be brought to the prosecutor's attention and may lead to a favorable deal or an outright dismissal.
Every defendant in a criminal proceeding has a right to take his or her case to trial. The prosecution must prove that the defendant was guilty of the crime charged with beyond a reasonable doubt. If the case goes out this far, the defendant will have the option to have the case scheduled for trial by judge or jury. A trial by judge is called a bench trial and a trial by jury is a jury trial. If the case proceeds to a bench trial, then the defendant will have to sign a jury waiver. At trial, the defendant's attorney will have the opportunity to cross examine the State's case. This is when evidence, discovery and information obtained during the pendency of the case becomes the most important as it can be used to address contradicting statements or observations by witnesses.
Trials began with an opening statement by both the prosecution and the defense attorney. The State will first present its case where they will call witnesses to prove every element of the criminal offense the defendant is charged with. The criminal defense attorney will be able to cross examine the witnesses. After the State rests its case, the defense can ask for a directed verdict. This is where the defense essentially argues that the State has not presented enough evidence for the case to go any further and the case should be dismissed. If granted, the case will be dismissed.
The defense will have the opportunity to present its own case and call its own witnesses. However, it is not required, and the defendant is not required to testify as the defendant has a constitutional right not to testify. After the State's case and possibly the defense's case, closing arguments will be held to persuade the judge or jury for a certain outcome. Thereafter, the judge will render a ruling on the verdict, or the jury will deliberate prior to reaching a verdict. Jury deliberations can take some time and questions may be asked by the jury during the process. The jury will also be given instructions for the purpose of reaching an outcome. The verdict would be either "guilty" or "not guilty". If the verdict is "not guilty", then the case is dismissed. If the verdict is "guilty", the case will be continued for sentencing.
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