Criminal Defense Attorney Serving the Bond County Community

Steps in a Criminal Proceeding

Each case is different. However, in the State of Illinois, the general process is as follows.

1. Investigation – Any criminal trial will start with an investigation into the matter at hand. Persons of interest and suspects will be identified.
2. Arrest – If law enforcement agents believe that there is enough evidence, they may make an arrest of one or more persons involved in the crime. They must have probable cause against those that they believe committed the crime to make an arrest.
3. Bond/Bail Hearings – Once there are sufficient grounds to file charges, the accused will attend a bond hearing, where it will be determined whether or not they can be released on bond pending charges. The prosecution may make arguments as to why the accused should not be released.
4. Preliminary Hearing/Grand Jury Hearing – In the case of a felony charge, the accused will be charged through a preliminary hearing or grand jury hearing. In a preliminary hearing, a judge decides whether or not there is enough evidence to bring charges. In a grand jury hearing, it’s decided by a jury of 16 people.
5. Arraignment – This is where the accused is informed of the formal charges that are being brought against them.
6. Trial – This is a multi-faceted phase that includes reviewing the evidence against the accused, preparing for trial, making plea bargains and, finally, going to trial. If a plea bargain is reached, the accused may receive a lesser sentence in exchange for entering a certain plea, usually a guilty plea.
7. Verdict – Once the trial is complete, the judge or jury will issue a verdict of guilty or not guilty of the charges filed.
8. Sentencing – If the Verdict is guilty, the judge will issue a sentence based on the law and precedence in the case.
9. Appeals – Any convicted person has the right to appeal their case. However, the success of that appeal is dependent on evidence and errors made by the prosecution.