Criminal Defense FAQ
Facing a criminal charge is nerve-wracking for many people. You may think, “Maybe if I cooperate with the police they’ll let me go.” But it is important to keep your rights in mind. If you have been arrested or think you are under investigation, you probably have many questions. Mockaitis Law Group LLC is here to provide answers.
This criminal defense FAQ provides general information relating to criminal law in Illinois. For help in your particular situation, consult with a dedicated, experienced defense attorney as soon as possible.
If I’m Pulled Over for Driving Drunk or on Drugs, Do I Have to Submit to Testing?
Technically, no. However, under Illinois law, anyone who drives on public roads within the state are seen as having given “implied consent” to testing for drugs or alcohol. If you are suspected of drunk driving and refuse to take the Breathalyzer, your driver’s license will be suspended. If the test is related to an accident where someone was killed or injured, your license could be revoked if you refuse to submit to testing. For more information on DUI or drug crimes defense, call us at Mockaitis Law Group LLC.
Should I Talk to the Police?
If you are facing potential criminal charges, the best thing you can do is get an attorney who can communicate with police for you. Your constitutional rights protect you from being forced to make incriminating statements. Remember, anything you say to police can be used against you. If you have been arrested, ask to speak with an attorney right away.
Do I Still Need a Lawyer if I Plan to Plead Guilty?
Even if you are thinking of pleading guilty or feel the government’s case against you is too strong to overcome, you should still be represented by an attorney. An experienced criminal defense lawyer can help you protect your rights and fight for a reduced charge or penalty.
How Is a Misdemeanor Different from a Felony?
In Illinois, the main difference between a misdemeanor and a felony lies in the severity of the offense and the associated penalties. Misdemeanors are less serious crimes and are categorized into different classes, such as Class A, Class B, and Class C, with Class A being the most severe. Common misdemeanors include petty theft, minor drug offenses, and simple assault.
Felonies are more serious offenses and are divided into several classes, including Class 1, Class 2, Class 3, Class 4, and Class X. Felonies can result in longer prison sentences and more substantial fines compared to misdemeanors. Examples of felonies include burglary, aggravated assault, and drug trafficking.
What Are the Potential Penalties for Criminal Offenses in Illinois?
The penalties for criminal offenses in Illinois vary depending on the nature and severity of the crime. Illinois categorizes offenses into different classes, ranging from misdemeanors to felonies. Misdemeanors are less severe and typically result in penalties such as fines, community service, or imprisonment for up to one year. Felonies are more serious, leading to longer prison sentences, substantial fines, and other legal consequences.
Specific penalties also depend on factors such as prior criminal history, the circumstances of the offense, and any aggravating or mitigating factors. For example, a Class 1 felony in Illinois can result in imprisonment for 4 to 15 years, while a Class X felony can lead to sentences of 6 to 30 years. It’s important to consult with a criminal defense attorney to understand your case's potential penalties.
What Is a Plea Deal, and Should I Consider Accepting One?
A plea deal, or plea bargain, is an agreement between the defendant and the prosecution in which the defendant agrees to plead guilty to a lesser charge or receive a reduced sentence in exchange for avoiding a trial. Plea deals can be beneficial in certain situations, such as when the evidence against you is strong or if you want to avoid the uncertainty of a trial.
However, accepting a plea deal is a significant decision that should be carefully considered. It’s important to consult with a criminal defense attorney before making any decisions. An attorney can help you evaluate the terms of the plea deal, consider the potential consequences, and determine whether it’s in your best interest to accept the offer.
How Can I Prepare for a Criminal Defense Trial in Illinois?
Preparing for a criminal defense trial in Illinois involves several key steps. First, it’s important to work closely with your attorney to develop a defense strategy and understand the legal arguments that will be presented. This includes reviewing evidence, preparing witness testimony, and identifying potential challenges to the prosecution’s case.
You should also be prepared for the courtroom environment and understand the trial process, including jury selection, opening statements, witness examination, and closing arguments. Additionally, it’s important to follow your attorney’s advice and cooperate fully to make sure that you’re well-prepared for trial.
What Are the Options for Appealing a Criminal Conviction in Illinois?
If convicted of a crime in Illinois, you have the right to appeal the decision. The appeals process involves challenging the conviction or sentencing based on legal errors or procedural issues that occurred during the trial. Common grounds for appeal include incorrect jury instructions, improper evidence admission, or ineffective assistance of counsel.
To initiate an appeal, you must file a notice of appeal within a specific time frame after the conviction. An appellate attorney can assist in preparing and presenting the appeal, focusing on legal arguments and issues that may have affected the outcome of the trial. The appellate court will review the case and determine whether to uphold the conviction, reverse it, or remand it for a new trial.
What Should I Expect After My Criminal Defense Case Is Resolved?
After your criminal defense case is resolved, either through a verdict, plea deal, or dismissal, several important considerations exist. If convicted, you’ll face sentencing, which may include fines, probation, or imprisonment. It’s important to understand the terms of your sentence and comply with any conditions imposed by the court.
If the case results in an acquittal or dismissal, you may need to address any related legal or administrative issues, such as expungement or sealing of your criminal record. Consulting with your attorney about post-case steps and making sure that you meet all legal requirements is crucial for moving forward and protecting your future.
Protect Your Freedom — Call Today
If you have been accused of a crime, contact us at Mockaitis Law Group LLC in Oswego, Illinois, as soon as possible.