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Navigating the Chicago Criminal Justice System: A Guide for Defendants
|Last Updated on: 30th September 2023, 07:59 pm
Navigating the Chicago Criminal Justice System: A Guide for Defendants
Getting arrested and charged with a crime in Chicago can be a scary, overwhelming experience. The criminal justice system here is complex, with many different courts, laws, and procedures to understand. This article aims to provide a helpful guide for defendants on what to expect and how to navigate the system. We’ll walk through step-by-step what happens after an arrest, your rights and options, and tips for building the strongest defense.
After You’re Arrested
If you’re arrested in Chicago, you’ll first be taken to a police station for processing. This involves getting fingerprinted and photographed, and all your personal belongings taken away for safekeeping. Police will ask you questions about what happened – you have the right to remain silent, so don’t feel like you have to answer their questions.
Within a reasonable time, usually 24-48 hours, you’ll be taken before a judge for your first court appearance, called the bond hearing or preliminary hearing. This is where the judge decides whether to release you from jail while your case moves forward. The judge considers factors like the seriousness of the charges, your prior record, and whether you’re likely to return to court.
Getting Out on Bond
If the judge sets a money bond, you’ll have to pay the full amount to secure your release from jail. The bond money serves as collateral to guarantee you’ll show up for future court dates. If you attend all required hearings, you get the bond money back at the end of the case. But if you miss court, you forfeit the money.
Bonds can range from a couple hundred to tens of thousands of dollars, depending on the charges. If you can’t afford to pay the full amount, you may be able to use a bail bondsman who will post a percentage, usually 10%, on your behalf. You won’t get this smaller amount back even if you show up to court.
As an alternative to monetary bonds, the judge may grant you release on your own recognizance (called an I-bond). This allows you to get out of jail without paying anything up front, as long as you agree to return to court. The judge can also order you to comply with certain conditions like electronic monitoring.
Hiring an Attorney
Having a qualified criminal defense lawyer represent you is extremely important for navigating the system and building your case. An attorney can advise you on legal strategy, file motions on your behalf, negotiate with the prosecutor, and defend you in court. Public defenders are free lawyers appointed by the court if you can’t afford a private attorney.
When researching lawyers, look for experience handling your types of charges in Chicago courts. Meet with a few options to discuss your case details and feel out how well you communicate. Costs vary widely, so be sure to ask about fees upfront before deciding who to hire.
The Arraignment
Within 30 days after your arrest, you’ll be formally arraigned on the charges. At this hearing, the charges and potential penalties are read and you enter a plea of guilty, not guilty or no contest. Your lawyer can enter a plea on your behalf so you don’t have to personally attend.
Arraignments are usually quick, straightforward hearings. But it’s still important to have your attorney present to preserve your rights and start mounting a defense. After the arraignment, your case will be assigned to one of Chicago’s criminal courts based on the charges.
The Criminal Courts
There are several different courts that handle various types of criminal matters in Chicago:
- Felony Trial Courts – For serious charges like murder, sexual assault, robbery.
- Municipal District Courts – Lower level crimes like misdemeanors, traffic violations.
- Domestic Violence Court – Charges involving family or household members.
- Drug Treatment Court – Non-violent drug offenses.
- Mental Health Court – Defendants with mental illnesses.
The courtroom and procedures vary somewhat between these different courts. But the basic process is to have hearings leading up to either a plea deal or trial. Your lawyer is essential for guiding you through the court’s processes and rules.
The Plea Bargain
Very few criminal cases in Chicago actually go to trial. More than 90% resolve through plea bargaining – where the defendant pleads guilty in exchange for an agreed upon sentence or dropped charges. Prosecutors prefer plea deals because it’s faster and conserves court resources. Many defendants take pleas to avoid the risk of harsher punishment if convicted at trial.
If your lawyer thinks a plea is in your best interest, they’ll negotiate with the prosecutor over the terms. Make sure you understand the final offer and potential consequences before accepting. Getting a plea bargain requires skillful negotiation and knowing the prosecutors and judges. An experienced local attorney is key.
Preparing for Trial
If your case doesn’t settle, it will eventually go to trial before a judge or jury. Your attorney will spend significant time preparing by filing motions to get evidence suppressed or charges dismissed, interviewing witnesses, researching legal defenses, and planning questions for cross-examination.
You play an important role too by working closely with your lawyer. Provide them details to recreate the scene, identify witnesses, and think of all relevant documents. Be honest about any skeletons that might come up so they can prepare.
In the weeks before trial, you’ll have court hearings where the judge ensures both sides are ready. The judge will also hold a final pretrial conference where last minute plea bargain offers are often made.
The Trial
Chicago felony trials generally last a few days to a couple weeks. The prosecutor presents witnesses and evidence first. Your lawyer can cross-examine their witnesses and object to evidence. Then your attorney can call defense witnesses and introduce evidence, which the prosecutor can also question.
You have the right to testify on your own behalf, but also the right not to. Your lawyer will advise on whether testifying is smart or risky. At the end, both sides make closing arguments summing up their view of the evidence. The verdict is decided by the judge or jury based on the standard of beyond a reasonable doubt.
If You’re Convicted
Getting convicted of a crime leads to getting sentenced by the judge. Felony sentences can range from probation up to decades in prison depending on the charges and your background. Your lawyer will advocate for the lightest sentence under the law. They can also file post-trial motions asking the judge for a new trial or to overturn the conviction.
If you receive jail time, you’ll be transferred to the Cook County Jail complex or an Illinois state prison. Your lawyer can advise you on programs and resources to help you prepare for eventually transitioning back to regular life. Be aware that convictions create an adult criminal record that can impact jobs, housing, and other areas going forward.
Appealing a Conviction
If you’re convicted at trial, you have the right to appeal to a higher court. An appeal isn’t a new trial, but rather argues the trial court made legal errors that affected the outcome. Appeals must be filed very soon after conviction, with tight deadlines.
Appeals can get your conviction reversed or sentence reduced, but they are complex and difficult. Most criminal appeals are denied. Your trial lawyer can handle the appeal or you can hire a specialist. Costs quickly add up.
Bottom Line
Facing criminal charges in Chicago can be daunting. But having an experienced local lawyer guide you through the complex justice system can make a huge difference. Be patient, stay engaged in building your defense, and know your rights. With commitment and hard work, many defendants are able to resolve their cases favorably. Don’t go it alone!