The most important advice that can be given is that, if being investigated accused, or arrested, you have a right not to speak or to remain silent. We do not recommend making any statements without consulting with your attorney, and having him or her present while being questioned. Remember: at trial, you cannot be impeached by your silence, for no one can be impeached for exercising a constitutional right.
Generally, the police can hold you for 72 hours before charging you and bringing you to bond court. If the police fail to do so within that time frame, your attorney can bring a writ of habeas corpus to gain your release.
Once charged, you will appear as Defendant in bond court. If it is a misdemeanor, bond can be set and taken at the police department. At bond court, an accusatory instrument is filed: either a misdemeanor or felony complaint.
After bond court, the case is continued. In the case of a felony, the case is continued for a preliminary hearing or indictment. Once there is finding of probable cause, either through preliminary hearing or indictment, the case is assigned to a court, which is where discovery takes place. After the defendant receives the discovery, he files his or her answer to the States’ Discovery and any Motions, including to Quash Arrest and Suppress Evidence.
The assigned court will usually conduct evidentiary hearings and, if necessary, a trial. You do have a right to a jury trial on class “A” misdemeanors and all felonies.
Our firm can and prefers to represent you from bond court through the entire process.
Criminal Law Attorneys Lake County, IL
Out of all practice areas of law, Criminal Law television shows remain very popular, yet often they don’t mimic real life in any way. When one is charged with a crime, they may be overwhelmed with the reality of the legal system and wonder where to turn. The criminal law attorneys in Deerfield at Lake Cook Law Group understand this and work to help those who find themselves in this situation. The following explains the basics of criminal law and the types of litigation which may arise when one is charged with a crime.
Criminal Law involves the prosecution of conduct that is dangerous to individuals or society as a whole. When one is found guilty of a crime, they face punishment which may come in many forms. Some crimes come with a fine, such as speeding offenses, but others involve imprisonment, such as when one is found guilty of homicide. Criminal statutes determine which conduct is considered a crime and the accompanying punishment.
Criminal law encompasses everything from the time of the person’s arrest through to their release or sentencing. During this process, one may encounter numerous professionals, such as prosecutors, judges, and a jury of their peers. At every stage of the process, the accused is afforded legal protection under the United States Constitution, and an attorney works to ensure these rights are protected.
When one is charged with a crime, there are many possible outcomes. The charges may be dismissed, a plea bargain may be entered, or the person may be found guilty or not guilty by a jury. An attorney can explain all possible outcomes and the consequences of each.
Types of criminal law litigation include burglary, murder, rape, drug possession and more. Any time a person is charged with a violation of a law, it may be considered criminal law, regardless of whether the crime is a federal, state or local one. In addition, there may be times when a person is charged with both a criminal and a civil offense. Individuals need to speak to an attorney to determine which types of charges they are facing to ensure they understand what they are accused of and what it can mean for them. This is critical as one’s future is on the line.