Criminal Law Information Center

Chicago area criminal law attorney Vincent F. Cornelius has earned the respect of judges, prosecutors and court watchers for his entire career. Most important to him, though, is the respect he has earned from clients.

By treating every client and every case as unique, criminal defense lawyer Mr. Cornelius has earned that respect over and over again. He prepares every case for trial regardless of the charge or opposing counsel's position. That thoroughness ensures success for his clients both at the negotiating table and in court. The following information provides a general background for criminal law, and may answer some of your questions before you consult an attorney.

For an attorney who knows criminal law, contact Vincent Cornelius.

* Serving Chicago, Joliet, Aurora, Naperville, Wheaton and other city and suburban areas.

Criminal Defense - An Overview

Becoming involved in the criminal justice system can be a frightening and intimidating process. Should you become involved in the criminal justice system it is important to involve an experienced criminal defense attorney early in the process, preferably as soon as you know you are being investigated or the police make contact with you. Many crimes now carry mandatory jail or prison sentences and the United States has a higher incarceration rate than any other industrialized country. It is important to protect your rights as early in the process as possible and you should not answer any questions of the police or investigators before speaking with an experienced criminal defense attorney.

Due Process

Because our criminal justice system is so complex there are rules in place that protect the rights of criminal defendants and dictate how all the key participants behave. This includes rules for police, prosecutors, defense attorneys, judges, and juries.

The United States and Illinois Constitutions guarantee criminal defendants due process of law. This means that the guarantees of the constitution are supposed to be applied fairly and consistently to all criminal defendants and that the rules of criminal procedure are fair to all sides. Such rules include rights such as notice of the proceedings against you, the right to be heard, and knowing your case is being heard by a neutral and detached magistrate.

STAGES OF A CRIMINAL CASE

Investigation

A criminal case starts with the police investigating the report of a crime. The police collect physical evidence and interview witnesses while trying to solve the crime. The police might arrest a suspect at the time of or shortly after the report of the crime or they might wait until they have done a more thorough investigation and seek an arrest warrant from a judge.

Arrest & Bail

When the police arrest a criminal defendant they must take that defendant before a neutral judge usually within 48-72 hours. The judge will tell the defendant what the charges against him are and set bail. Bail is money that a defendant must pay to be released from jail pending a trial or other resolution of the matter. In Illinois a defendant must pay 10% of the bail set by the judge. Illinois does not have bail bondsmen. The amount of bail set will depend on many factors including the seriousness of the charged offense, risk of flight of the defendant, the defendant’s prior criminal history, and the safety of the community. The bail money can be returned to the person that posts it if the defendant shows up for all his or her court dates but if the defendant does not show up for court the bond money can be forfeited or taken by the court system. In addition, bond money can be used to pay court ordered fines, costs or fees at the end of the case and in some circumstances it can be used to help pay attorneys fees.

Preliminary Hearing

In Illinois probable cause against a defendant is established through either a preliminary hearing or an indictment. A preliminary hearing is a hearing held in open court and the defendant gets to participate in this hearing by cross-examining the State’s witnesses and making arguments to the judge. An indictment is returned by a Grand Jury and is a one-sided process where the state presents evidence to the Grand Jury but the defendant and his or her attorney are not present and do not get to ask questions. The State gets to decide which of these two methods is used to prove probable cause.

Arraignment

An arraignment is the proceeding during which a judge tells the defendant the criminal charges against him and advises the defendant of the potential sentences. This is also when a defendant enters a formal plea of guilty or not guilty. The judge may also review the bail that was originally set, determine if the defendant has an attorney or needs to have an attorney appointed, and sets future dates for the case.

Plea Bargaining

A plea bargain occurs when the State and the defendant agree on how to resolve the charges pending against the defendant. This may include agreeing on the defendant pleading guilty to a lesser offense than he is charged with, the State agreeing to drop some charges in exchange for a plea to others, or the State recommending the judge be lenient in sentencing the defendant. It is unusual that a defendant would be able to negotiate a plea bargain without an attorney. It is important to involve an experienced criminal defense attorney in this process.

Trial and Sentencing

At trial the prosecution has the burden of proving the defendant guilty beyond a reasonable doubt. This is done by presenting evidence and witnesses to the jury or judge. The defendant can cross-examine or question all of the State’s witnesses if he or she chooses but also has the right to remain silent at trial and not say anything or present any witnesses. Both the State and the defense have the right to make opening statements and closing arguments at a trial and the defendant gets to decide if his trial is heard by a jury or a judge.

If the defendant is found guilty at trial the judge will impose a sentence. All crimes in Illinois have a minimum and maximum penalty. In misdemeanor cases the judge can impose a sentence immediately following the trial. In felony cases the judge must order a presentence investigation. In Illinois all criminal sentences are imposed by a judge not a jury. At a sentencing hearing the State will present to the judge aggravating evidence, or evidence it believes shows the defendant is a bad person deserving of a heavy sentence. The defendant will present evidence in mitigation, or evidence demonstrating that the defendant is a good person with reasons he or she should get a lenient sentence. An experienced criminal defense attorney knows how to best present evidence demonstrating to a judge reasons he or she should impose a more lenient sentence.

Conclusion

It is important to consult an experienced criminal defense attorney as soon as possible when you are involved in the criminal justice system. An experienced criminal defense attorney can help you navigate the system and insure that your rights are protected throughout the process.

Vincent F. Cornelius, former criminal prosecutor, can be reached in Joliet or Wheaton, Illinois.

Joliet Office 815-723-7300

Wheaton Office 630-665-6644

If you prefer, contact attorney Cornelius by e-mail or complete the Criminal Law Intake Form and bring it in for your appointment.