Civil Rights and the Criminal Law- a step-by-step checklist from arrest to arraignment
Just been arrested? Don’t panic; help is at hand. If you find yourself charged with a crime in Chicago, you will need a Criminal Lawyer in Chicago with the right experience to defend you; whether your crime is drug trafficking charges in Cook County, IL, or white collar crimes in Cook County. Whatever you have been charged with, Criminal Lawyer Andrew Weisberg – a specialist in Chicago Criminal Defense– demonstrates a wealth of experience in Criminal and Civil Law to help bring your case to justice. The following article is designed to summarize your experiences from arrest to arraignment during which a Criminal Attorney in Chicago comes to your rescue, and how a Criminal Lawyer in Chicago will approach your case and help you to continue with your life.
What happens when I find myself under arrest in Chicago?
When an individual is arrested by a member of the Police Force on suspicion of committing a criminal or civil offence (e.g. a white collar crime in Cook County, or a drug trafficking charge in Cook County, IL), the person charged with the offence is taken to the nearest Police Station to be charged with a crime.
The arrest process
1. Arrest; The initial charge and subsequent arrest take place.
2. Booking; this is the official way of recognizing that you have been charged with a crime and are to be temporarily detained as a result.
3. Bail Hearing; once you have been charged, arrested and booked, you will then proceed to the next stage; Bail. When an individual is on remand, waiting to be tried, they will appear before a Criminal Court.
During a Bail hearing
• The Criminal Court judge reads out the charges against you.
• You will be identified as ‘the Defendant’ during this process.
• The judge will ask if you have legal representation, or if you are in need of a state-appointed legal representative.
• You will be asked (and must answer) to the charges; either ‘guilty’, ‘not guilty’ or ‘no contest’.
• The judge will set a Bail amount (a fee which must be levied otherwise you will await your court hearing in a penal or remand institution), or will permit you to remain free while awaiting trial. They may also decide to release you entirely.
• The judge appoints a court date for your hearing.
What are my rights?
In the event that you find yourself charged with a crime, don’t panic. You have rights as a Citizen of the United States, and it is important to ascertain that the correct legal processes are adhered to.
You have the right to;
• A Defense Counsel.
• A jury trial date within a reasonable time.
• The 5th Amendment Right against self-incrimination.
• The 6th Amendment Right to confront witnesses giving evidence against you.
• The Right not be tried on multiple occasions for a single crime.
How will your Criminal Lawyer in Chicago resolve matters?
The next move is tactical; your Criminal Lawyer in Chicago will analyze the charges against you and decide how best to proceed. Your Attorney will weigh up the evidence against you, your criminal history (if one exists), your character and the applicable case law (past cases of a similar nature to your own which have been recently decided) and will evaluate whether to enter a plea of ‘guilty’ or ‘not guilty’ to the court.