Criminal Defense Attorneys serving Kane and Kendall Counties
If you or someone close to you is charged with a felony, misdemeanor, or traffic offense, contact an experienced criminal defense attorney immediately. From the moment an arrest is made, certain protocols are required within the criminal justice system guaranteeing criminal defendants due process of law. Do not allow the police or the government to control the process without a legal advocate to protect you from abuses in the criminal system. Go to court with an aggressive attorney, someone who knows your rights and knows how to make the system work for you.
Common questions we receive in Criminal Cases
The police want to interview me. Should I go to the police station and give a statement?
If the police are interested in interviewing you, contact our office immediately. Do not give the police any statement without your attorney present for the interview. Many times at the police station, people are given the impression that they really do not have a choice and that they have to say something. Explain to the police that you do not want to seem uncooperative, but you would be more comfortable with your attorney present. Once you ask for an attorney, the police should stop attempting to interview you. The fact is, if the interview is not audio or video taped, the police can report that you admitted to certain things that will hurt your defense at a later point in your case. Your words may be taken out of context, information may be recorded in the police officer’s report incorrectly, or you may incriminate yourself inadvertently without knowing it. It is never in your best interest to speak with the police without an attorney.
What can I expect when I go to court?
The first several court dates, the State’s Attorney’s Office is providing your lawyer with copies of police reports, written statements, photographs, lab reports, recorded audio and video tapes, or whatever evidence has been collected in your case. Every case is different, but generally the beginning of the case is focused on obtaining evidence and forming a defense to the charges. This is called the discovery process, and the State and the Defense exchange witness lists, exculpatory evidence, reports, and anything that may be introduced at trial. You and your attorney will discuss all of your options once discovery is completed and decide if there are pre-trial motions available to you that may work to your advantage, as well as other avenues that are possible. Most cases are resolved at a jury trial, a bench trial, or a negotiated plea agreement. Your facts and circumstances will dictate what route will better serve your case.
What is bail and how is the amount set?
Bail is an amount of money posted to release a person charged with a crime from pre-trial detention in a county jail. It is similar to insurance for the court that you will appear for each and every one of your court dates. If you fail to appear for court, the judge may forfeit your bail and issue a warrant for your arrest. Bail is initially set at bond call in Kendall and Kane Counties. If you do not have an attorney at this point, the State’s Attorney will request that a certain amount be set and the judge will take into consideration this request and set it at his or her discretion. If the amount of bail is beyond your means, your attorney will file a request for a bond reduction motion to ask the court to review that amount and consider setting a lower bond amount. The court will consider a number of factors, including but not limited to; nature and circumstances of the offense charged, whether the offense charged is one in which you can receive probation as a possible sentence, your criminal history, your history of failing to appear in court for any previous court cases, whether the crime charged is a violent crime, your ties to the community, whether a firearm or other dangerous weapon is alleged to have been used, whether the crime is gang-related, the likelihood of conviction, and your employment and/or financial resources.
Will I get a preliminary hearing?
A preliminary hearing is a hearing to determine if there is probable cause to believe you have committed the crime for which you are charged. This is only available in felony cases and is required to take place within 30 days from the date of arrest if you are in custody, or within 60 days of arrest if you are on bail. In Kendall and Kane Counties, the State’s Attorney’s Offices typically bring felonies before a Grand Jury so that this decision can be made without the defense attorney having an opportunity to cross examine the witness and taking the decision from your assigned judge. Your case may be continued for preliminary hearing, but generally an indictment signed by a Grand Jury is filed before that date and a transcript of the Grand Jury proceeding is provided after the case is presented to the Grand Jury. If the State fails to do this, then you may get a hearing to contest whether there is probable cause for your arrest.
What is the difference between a felony and a misdemeanor offense?
A felony offense is more serious than a misdemeanor offense. A felony can result in a sentence that includes being incarcerated in the Department of Corrections, or prison. There are a wide range of possible sentences for a felony, along with the unquantifiable punishment of being a convicted felon, loss of certain privileges such as ever legally owning a firearm, and possible deportation if you are not a United States citizen.
The maximum penalty for a misdemeanor offense is 364 days in the county jail, two years probation, and a fine up to $2,500.00. Many misdemeanor offenses can be expunged from your criminal record if the charges were dismissed, resulted in court supervision, and/or other requirements are met.
I was arrested yesterday for a DUI. I blew over the legal limit or I refused a breathalyzer test. Is it legal for me to drive now?
Assuming you had a valid driver’s license at the time of your arrest, your license will not be suspended due to statutory summary suspension until the 46th day after your arrest. I advise you to immediately meet with an attorney to see if a Petition To Rescind the Statutory Summary Suspension will benefit you. The State is generally required to provide you a hearing within 30 days of filing the petition and receiving notice of the filing of the petition in order to suspend your driving privileges. You want that hearing to take place prior to the 46th day after your arrest so that the suspension does not go into effect. To be absolutely clear, I strongly suggest you meet with a knowledgeable attorney immediately so that you do not further jeopardize your driving privileges.
Our law firm would be happy to meet with you to provide answers to any questions that you may have about your unique case. We have extensive experience handling felonies such as homicide, drug-related offenses, aggravated batteries, domestic batteries, driving under the influence cases, theft, crimes against property, gang-related offenses, and other crimes against persons. We routinely handle misdemeanors, juvenile cases, traffic cases, and Secretary of State hearings.
Contact Our Criminal Defense Attorneys
Contact McAdams & Sartori, LLC in Yorkville, Illinois if you fear that you may be charged or if you have been arrested for any criminal charges. Call (630)553-1313 to schedule an initial consultation today.