A criminal conviction can have significant consequences. Criminal investigations and cases are subject to specific rules and laws that are intended to ensure that your rights are protected. If you are being investigated for a crime or have been charged, then you should contact a chicago criminal lawyer immediately.
What are some penalties that you could face in a criminal case?
The specific penalties that may be imposed in a case depends on the nature of the charge. There may also be enhanced penalties for some situations where you have prior convictions. Generally speaking, you may face jail/prison time, fines, probation, license suspensions, court-ordered treatment, and community service.
Some criminal convictions may limit some of your civil rights, such as the right to vote or possess a firearm. Certain convictions may create issues with your employment and create issues with obtaining housing and other benefits in the future.
Because of the potential for significant consequences, you should seek out representation from an experienced criminal lawyer. A criminal lawyer can advise you about the potential penalties you are facing for the charge with which you have been charged.
What are some defenses to a criminal charge?
There may be defenses available to challenge the charges against you. The particular defenses that may be available depends on the charge and circumstances of your case. Some examples of common defenses includes:
- Lack of evidence to prove the elements of the crime: the prosecution must be able to prove the charge beyond a reasonable doubt. Each charge has specific elements and there must be enough evidence to prove each element. If every element cannot be shown, then the case should be dismissed.
- Lack of intent: most crimes require a showing of intent. If an act occurred involuntarily or there are facts showing that the crime was not committed intentionally, then you may have a valid defense.
- Self defense: for crimes of violence, such as battery or assault, if your actions were intended to defend yourself from harm, then you should be acquitted.
- Violation of constitutional rights: if your constitutional rights were violated during the case, then you may have certain defenses. For example, if the police obtained evidence without a search warrant and there is no justification for why the search occurred, then the evidence obtained may be excluded from consideration.
A criminal defense attorney will be able to review your case and determine if there are any defenses available.
What happens in a criminal case?
If charges are filed against you, then you will first be advised of your rights and given the opportunity to enter a plea. If you are incarcerated, the court will consider whether to release you on your own recognizance or on bail.
Depending on the charges, you may have the right to have a preliminary hearing. At this hearing, the prosecution must show that it has sufficient evidence to proceed with the case. If this cannot be shown, then the case will be dismissed.
A trial will be scheduled, either in front of a judge or a jury. Before there trial, there will be pretrial hearings and opportunities to raise motions. For example, you could file a motion to suppress, or exclude, certain evidence from being considered.
If the case cannot be settled or dismissed, then a trial will be held. At trial, the prosecution has the burden of proof to show the elements of the crime. You will have the opportunity to confront witnesses and cross-examine them. You will also have the chance to present evidence in support of your defense.
How can a criminal lawyer help?
A criminal defense lawyer can provide legal advice and representation to assist you in the process. They will act as an advocate for you to achieve a just result under the circumstances.
A criminal lawyer knows the law and will ensure that your rights are protected. They will ensure that that police and prosecution follow the rules.
If you or a loved one are facing criminal charges, then contact us to schedule an appointment. We will help you understand the strengths and weaknesses of your case and can provide representation.