If you are arrested for assault and battery in Illinois, what happens next? We’ll detail the process in this post and let you know how a skilled Chicago criminal attorney can help you fight your charges.
Police must have a warrant to arrest you unless they have probable cause that you have committed a crime. If a detective has been called to investigate a report on battery or assault, or if the police see you in the act of assault or battery, they can arrest you on the spot.
The police will take you to the police station and book you for your charges. If the police suspect you are under the influence of drugs or alcohol, they can test your breath, blood, or urine.
If you are facing charges for assault or battery, it is the state of Illinois that brings the charges against you under the law. An individual can bring a civil suit against you and can later decide to drop those charges, but they cannot drop your criminal charges. You must face a series of hearings to determine whether or not you will be sentenced for your charges.
You may also be subject to an order of protection while you await sentencing. An individual can file for an order of protection for a set period of time, which a judge must approve.
If they do, this means you will not be able to come near that individual’s residence, workplace, or other locations while the order of protection is in effect. If you have children with the alleged victim, your custody rights can be affected by the order of protection.
You may be able to post bail after the arrest, or you may need to wait in jail until your first hearing before a judge. At the bond hearing, the judge will set the amount of the bail bond that you can pay to stay out of jail until the next hearing. The amount will depend on several factors, including the nature of the crime and whether the police suspect you will flee.
At your preliminary hearing, your charges will be announced by the court. You will enter a plea of guilty or not guilty, based on the guidance of your attorney. Then the judge will either issue a judgment for a guilty plea or another hearing will be scheduled to see if your case has enough evidence to warrant a jury trial.
To continue with a not guilty plea, your attorney will gather evidence to build a defense to your charges. A knowledgeable criminal defense attorney can make a motion to change the trial’s venue, switch judges, or dismiss the case.
The prosecution must prove that you are guilty beyond a reasonable doubt for a conviction to occur. Your attorney will defend you, and you do not need to testify. You can request a trial by judge only or a trial with 12 jurors who will decide your fate.
Getting Help for Your Charges
The criminal arrest and sentencing process can be daunting. You need to rely on the expertise of an experienced Illinois assault and battery attorney. We can help you mount a strong defense against your charges and figh to get them reduced or dropped. Call today for a free case review.
About the Author
Sami Azhari has been working as a lawyer since 2007, after receiving his Juris Doctor from the Michigan State University College of Law. He has handled numerous state and federal cases, and is known throughout the Chicago and Rolling Meadows area for providing his clients with high-quality, skilled representation. He has been recognized by SuperLawyers, the National Trial Lawyers Association, and other notable organizations, and has spoken at a number of legal conferences.