The Legal Process in a Criminal Defense Case

Being charged with a crime can be scary if you don’t know what’s going on. If you’re in Illinois and charged with a crime, you need to know what to expect at each stage and how a criminal defense lawyer can help you.

This will walk you through the process from investigation to trial to sentencing.

1. The Arrest and Investigation

The first step in a criminal defense case is usually an arrest or investigation. In some cases, law enforcement may investigate a crime for weeks or months before making an arrest, gathering evidence such as witness statements, physical evidence, or surveillance footage.

Law Enforcement

Law enforcement gathers evidence during the investigation. Once they have enough evidence to believe a crime was committed, they may get a warrant for your arrest or arrest you without a warrant if they have probable cause. During this phase, they may also search your home, car, or personal belongings with a warrant or your consent.

Your Rights During an Arrest

When you’re arrested, you need to know you have certain constitutional rights, including the right to remain silent and the right to an attorney. Anything you say during an arrest can be used against you in court, so you need to exercise your right to remain silent until you talk to a criminal defense attorney.

2. The Arraignment

The arraignment is the first formal step in the court process after an arrest. At the arraignment, the defendant is formally charged with a crime and asked to enter a plea of guilty, not guilty or no contest.

Plea

Most defendants plead not guilty at the arraignment to give their attorney time to review the evidence and build a defense. After the plea, the judge may set bail, which is the amount of money you need to pay to be released from custody while your case is pending.

Bail and Bond

Bail allows you to be free while your case moves through the system. If you can’t afford to post bail, you may be able to work with a bail bondsman who will post bail for you for a fee. If bail is denied, you will remain in custody until your trial or other court hearings.

3. Pre-Trial Motions and Hearings

After the arraignment, the case goes into the pre-trial phase. During this phase, your defense attorney will review the evidence against you, investigate, and file motions to challenge parts of the prosecution’s case. Pre-trial motions can be crucial to the outcome of the case.

Pre-Trial Motions

Some common pre-trial motions are:

• Motion to dismiss: If the defense attorney believes the prosecution doesn’t have enough evidence, they may file a motion to dismiss the case.
• Motion to suppress evidence: If evidence was obtained illegally, such as an unlawful search or seizure, your attorney can file a motion to suppress that evidence which means it can’t be used in court.
• Motion for discovery: The defense attorney may request all the evidence the prosecution will use in court.

These motions can be a big deal, either by reducing the charges, weakening the prosecution’s case, or even getting the case dismissed.

4. Plea Bargaining

In many criminal cases both the defense and prosecution will negotiate a plea to resolve the case without a trial. A plea bargain is an agreement where the defendant pleads guilty to a lesser charge in exchange for reduced penalties or dropped charges.

Should You Take a Plea?

Deciding whether to take a plea is a big decision. A criminal defense lawyer can help you weigh the pros and cons of taking a plea versus going to trial. In some cases, taking a plea may mean lighter penalties and avoid a trial, but it also means giving up your right to fight the charges in court.

5. Trial

If your case doesn’t end with a plea, you will go to trial. A criminal trial is where the prosecution presents their evidence against you, and your defense attorney presents evidence to challenge the prosecution’s case. A trial can be before a judge (bench trial) or a jury (jury trial).

Phases of a Criminal Trial

1. Jury selection: In a jury trial, both sides select the jurors who will hear the case.
2. Opening statements: Both sides present their case to the jury or judge.
3. Presentation of evidence: The prosecution will present their evidence first then the defense. This phase includes witness testimony, expert opinions and physical evidence.
4. Cross-examination: During the presentation of evidence, the opposing side can cross-examine witnesses.
5. Closing arguments: Both sides make their final arguments to the jury or judge.
6. Deliberation and verdict: The jury (or judge in a bench trial) deliberates and renders a verdict of guilty or not guilty.

If you are found not guilty, you are free to go, and the case is over. If you are found guilty, the case goes to sentencing.

6. Sentencing

If convicted, the sentencing phase determines the punishment. Sentencing can be immediately after the trial or scheduled for a later date so both the prosecution and defense can present evidence that will impact the judge’s decision.

Factors in Sentencing

The judge will consider the following when determining your sentence:

• Severity of the crime: More serious crimes get harsher penalties.
• Criminal history: A prior criminal record gets you a harsher sentence.
• Aggravating and mitigating circumstances: Aggravating circumstances like violence or harm to others can increase the sentence, while mitigating circumstances like remorse or no prior record can reduce it.

Sentences can be jail time, fines, probation, community service, or a combination of these.

7. Appeals

After a conviction, you have the right to appeal the verdict or sentence if there are errors in the trial process. An appeal is not a retrial but a review of the legal proceedings to see if mistakes were made that violated your rights.

Reasons to Appeal

Common reasons to appeal:

• Legal errors: Mistakes made by the judge, like allowing inadmissible evidence.
• Insufficient evidence: The defense may argue the prosecution didn’t present enough evidence to support a conviction.
• Ineffective assistance of counsel: If your defense attorney didn’t provide adequate representation, you may have grounds for an appeal.

A criminal defense lawyer can help you navigate the appeals process and get your conviction overturned or reduced.

Bottom Line

The criminal defense process is complicated, but knowing the process can help. From arrest to trial to sentencing, each phase of a criminal case requires a strategic approach. A good criminal defense attorney can protect your rights, challenge the prosecution, and get you the best result.

Whether you are charged with a misdemeanor or felony, having a lawyer on your side is key to the criminal justice system. Contact Azhari LLC today for help with your case.

FAQs

1. What should I do if I am arrested?

If you are arrested stay calm, exercise your right to remain silent and call a criminal defense attorney. Don’t answer questions until you have an attorney.

2. Can I represent myself in a criminal defense case?

While you can technically represent yourself it’s not recommended. Criminal defense cases are complicated and having an attorney can make a big difference in the outcome.

3. How long does a criminal defense case take?

The length of a criminal defense case depends on the complexity of the case, if a plea is reached or if the case goes to trial. Cases can take months or even years to resolve.

4. What if I can’t afford bail?

If you can’t afford bail you may be able to work with a bail bondsman or your attorney can file a motion for a bail reduction based on your financial situation.

5. Can I appeal if I’m guilty?

Yes, if you are found guilty you can appeal. An attorney can go through the trial and find legal errors to appeal.