What Do You Do If You Are On Trial For a Crime in Illinois?

A crime is a breach of federal or state criminal statutes. When the law charges an individual with a crime, a defendant may respond to it in two ways: by pleading guilty or not guilty. Background to the events leading up to charges is as follows:

• The crime incident
• The police investigation and arrests

Charges come after the liable person is arrested. A misdemeanor offense is referred to as a complaint or "information". A complaint is a notice filed by the arresting officer stating the alleged offense, and information refers to a court-filed document that a prosecutor completes. For felonies, charges are filed either by information or indictment.

An indictment differs from an information because it is filed by a grand jury, which states the existence of probable cause that the arrestee is the offender. The charges are read to the offender at a court arraignment session. The arrested individual is expected to respond in person, if present, or through an attorney to the charges, stating whether they are guilty or not guilty. A not guilty plea bargain means that the defendant and their attorney would prepare for a court trial.

What Percentage of Criminal Cases Go to Trial in Illinois?

According to the 2018 Annual Report of the Supreme Court of Illinois, 80% of the criminal cases filed with circuit courts across the state proceeded to trial. The remaining 20% were cases that were either dismissed or did not require a trial.

When Does a Criminal Defendant Have the Right to a Trial?

There are two types of trials in Illinois:

• Jury trials
• Bench trials

All criminal defendants have the right to a jury trial according to (725 ILCS 5/103-6) (from Ch. 38, par. 103-6). Exceptions to the rule include:

• When the defendant waives the right to an open trial as a result of a guilty plea
• When the offense violates an ordinance with a penalty of a fine, and the defendant declines to file a demand for trial or refuses to pay the required fine to the court clerk.

Additionally, all criminal defendants in Illinois generally have the right to a speedy trial within 120 days from the date the accused was taken into custody or 160 days for those granted bail (725 ILCS 5/103-5) (from Ch. 38, par. 103-5) Sec. 103-5. The law states that the trial's set date may not be extended unless delayed by the defendant. However, the law also accommodates reasonable delays, such as those resulting from health issues.

What are the Stages of a Criminal Trial in Illinois?

A criminal trial proceeding in Illinois state courts generally involves the following steps:

• Selection of the jury
• Opening Statement from the prosecution
• Opening Statement from the defendant
• Direct Examination of the evidence by the prosecution
• Cross-Examination of State Witnesses by the defendant
• Direct Examination of evidence by the defendant (if any)
• Cross-examination of defense witnesses by the prosecution
• Closing Argument by Prosecution
• Closing Argument by Defense
• A counter-argument by the prosecution

How Long Does it Take for a Case to Go to Trial in Illinois?

In Illinois, the maximum time limit for a criminal case to go to trial is 120 days for persons in custody and 160 days for those out on bond, starting from the date of arrest. This timeline is consecutive, not cumulative, meaning that periods of incarceration or bond do not accumulate from multiple arrests or bail. Additionally, a pre-trial hearing must be held within 30 days of arrest for those in custody and within 60 days for those on bail. Misdemeanor cases generally take less time, especially if there are no additional factors that complicate the case. On the other hand, felony cases may require more time, particularly when complexities are involved.

What Happens When a Court Case Goes to Trial in Illinois?

Each time an individual is arrested and charged with a crime in Illinois, a series of processes follows. These processes are generally grouped into pre-trial, trial, and post-trial processes. Pre-trial processes for felonies include a felony review, a bond hearing, and an arraignment. At the same time, misdemeanors have charges filed without a jury in place of a felony review. At the arraignment, the defendant either pleads guilty and waives a trial or pleads not guilty and prepares for trial. Preparation for the trial involves a process called "discovery", which has different meanings for each counsel. To the prosecution, discovery means collecting every piece of information that will prove the defendant guilty.

Here, the service agency prepares a report after interviewing the defendant. This information typically includes the defendants' ties with the community, employment history, criminal history, and other necessary facts. The information collected helps the judge make informed decisions regarding pre-trial release and bond approvals. The information is confidential and, therefore, is not released to anyone except the defense counsel and the court, unless the defendant grants permission. Pre-trial services agencies have officers who supervise persons granted pre-trial release to ensure they comply with court rules of procedure, as outlined in 725 ILCS 185 et seq.

During the trial, the prosecuting counsel and the defending counsel present the case in a manner that attempts to convince the jury and the judge in each counsel's favor. The jury for criminal trials in Illinois is a 12-person assembly of persons appointed to assess the case and provide the judge with an unbiased opinion based on the facts presented at the proceeding. The jury's selection is based on Illinois statutes, the state Supreme Court rules of procedure, and federal case law guidelines. After the counsels' closing statements, the jury reviews the facts and evidence and submits a verdict to the judge. The judge delivers the verdict and sets a date for the sentencing hearing.

During this period, the judge orders a presentence investigation. After the judgment has been passed, a convicted defendant has 30 days to file a post-trial motion. A post-trial motion is granted based on a convincing list of inaccuracies during the trial proceeding by the defense counsel.

What Does it Mean to be Indicted in Illinois?

An indictment refers to a formal document that highlights a defendant after probable cause has been established. In Illinois, it is a prerequisite for trials of serious crimes, especially felonies. The grand jury issues indictments after a closed proceeding, where the prosecutor’s evidence is listened to, reviewed, and voted on. Per the Illinois code, at least nine (9) out of the sixteen (16) grand jurors must vote in favor of the prosecution before an indictment is issued. Note that an indictment is not a declaration of guilt or innocence, but an accusation based on probable cause.

Per the Illinois Code, a valid indictment must contain the following:

• The defendant’s name, description, and other known information.
• The time and location of commission of offense, which must be within the statute of limitations and the jurisdiction of the court.
• The signature or endorsement of the jury’s foreperson or acting foreperson.

Does Indictment Mean Jail Time in Illinois?

No, an indictment does not mean automatic jail time in Illinois. However, an indicted defendant may be detained if they pose a risk of danger to the community or are a flight risk. In the absence of such conditions, indicted individuals enjoy a pre-trial release under the state’s Safety, Accountability, Fairness, and Equity-Today (SAFE-T) Act. Notably, such defendants must meet the conditions stated by the court or face a possible detention.

Typically, an indictment is followed by an arraignment and, in most cases, a trial. In such cases, the defendant may plead guilty or not guilty before a judge or magistrate.

If found guilty, the defendant may be:

• Arrested, if not already in custody,
• Released on bail, or
• Held in jail if bail is denied or unaffordable.

Can You Be Put on Trial Twice for the Same Crime in Illinois?

No. The Fifth Amendment to the US Constitution disallows all legal systems within the federation from trying an individual twice for the same crime. This amendment is often referred to as the "Double Jeopardy Clause". Illinois State Constitution, Section 10, also states this law. On rare occasions, the state judiciary system has had to review cases based on merit.

How Do I Look Up a Criminal Court Case in Illinois?

The Circuit Courts in Illinois are the trial courts with jurisdiction over criminal cases. Appeals may be referred to the Appellate Court of Claims or the Supreme Court. A criminal case may either be ongoing or already closed. Closed criminal cases are available at the Circuit Court Clerk's offices in each of the 103 counties across the state, at the court where the case was filed. These records are maintained in paper format by default, while some counties have online repositories. Ongoing criminal cases are not available in detail to the general public, except for persons involved in the case, their attorneys, and other legal professionals.

How To Access Electronic Court Records in Illinois?

eFileIL is the central repository for filing all court cases in the state. Some counties may have an active status for electronic criminal case information, while some do not. Contact the local courthouse for details. Access is, however, limited to the parties involved, the judges, and the court clerks. At the county level, some counties, such as Christian County, utilize third-party websites to maintain court records. Third-party websites, such as Illinoiscourtrecords.us, typically provide helpful links and search tools to assist in finding these records.

Illinois criminal records may also be accessible through third-party websites. These sites generally offer the convenience of a statewide database, allowing individuals to perform single or multi-record searches. To search these platforms, users may be required to provide information to facilitate the search, including:

• The name of the person involved in the record, unless said person is a juvenile
• The location or assumed location of the record or person involved. This includes information such as the city, county, or state where the person resides or was accused.

Since third-party sites are independent of government sources and not sponsored by these agencies, the availability, accuracy, and validity of records may not be guaranteed.

How Do I Remove Public Court Records in Illinois?

The Illinois Freedom of Information Act enables citizens of the state to access and obtain court records of cases within the state's judicial system. However, confidential information is kept confidential, as with all public records. In Illinois, the following parts of court records are sealed from public access by default:

• Names and addresses of the victims of the cases
• Financial records, such as social security numbers, and account statements
• Juvenile records or details involving minors in a case
• Identification data, such as driver's license numbers and state identification numbers

Some records are ordered to be sealed by court order, based on the judge's discretion that privacy may be more beneficial than the public interest in achieving a fair trial outcome. The record is sealed from public access, but it is accessible to law enforcement agencies and court officers. Court records may also be sealed upon the request of the involved parties. To do this, the involved parties should file a motion to seal the documents. Another way to remove public court records is to expunge them.