Criminal Defense Practice at Buckley & Michaels Attorneys at Law
At Buckley & Michaels Attorneys at Law, we are committed to providing robust and strategic legal defense for individuals facing criminal charges. Our experienced criminal defense attorneys understand the severe consequences that criminal charges can have on your life, including your reputation, freedom, and future opportunities. We are dedicated to protecting your rights and vigorously defending you against all types of criminal allegations. Whether you are dealing with misdemeanor or felony charges, trust Buckley & Michaels to stand by your side and fight for the best possible outcome in your case.
Arrested for a Crime: What to Do Next
1. Remain Calm: Stay composed and polite. Avoid any actions or words that could escalate the situation or be used against you.
2. Exercise Your Right to Remain Silent: Do not discuss the details of your case with anyone, including law enforcement, until you have spoken with an attorney. Politely decline to answer questions without legal representation present.
3. Request an Attorney: Clearly state your desire to speak with an attorney. Contact our skilled criminal defense lawyers at Buckley & Michaels immediately to ensure your rights are protected from the outset.
4. Avoid Discussing Your Case: Refrain from talking about your arrest or charges with friends, family, or on social media. Anything you say can be used as evidence against you.
5. Document the Incident: If possible, write down everything you remember about the arrest, including the officers involved, the time and location, and any statements made.
6. Preserve Evidence: Keep any documents, physical evidence, or contact information of witnesses that might support your defense.
7. Follow Legal Advice: Adhere strictly to the guidance provided by your attorney to ensure the best defense strategy is employed.
The Life Cycle of a Criminal Defense Case in Court
1. Initial Appearance/Arraignment: The defendant is formally charged and enters a plea of guilty, not guilty, or no contest. Bail may be set during this stage.
2. Pre-Trial Motions and Hearings: Both the defense and prosecution file motions, which may include requests to suppress evidence or dismiss charges. Hearings are held to resolve these motions.
3. Discovery: The defense and prosecution exchange evidence and information related to the case. This process ensures that both sides have access to the same information and can prepare their arguments accordingly.
4. Plea Bargaining: The prosecution and defense may negotiate a plea agreement to resolve the case without going to trial. This can result in reduced charges or a lighter sentence.
5. Trial: If a plea agreement is not reached, the case proceeds to trial. Both sides present their arguments, evidence, and witness testimonies. The trial can be either by jury or by judge (bench trial), depending on the circumstances.
6. Verdict: After the trial, the judge or jury deliberates and reaches a verdict of guilty or not guilty. If found guilty, the defendant moves on to the sentencing phase.
7. Sentencing: If the defendant is convicted, the judge imposes a sentence based on the severity of the crime, the defendant’s criminal history, and other factors. Sentences can include fines, probation, community service, or imprisonment.
8. Appeal: If there are grounds for appeal, such as legal errors made during the trial, the defendant can file an appeal to a higher court seeking to overturn the conviction or reduce the sentence.
Understanding Illinois’ No Cash Bail System
In Illinois, the implementation of the no cash bail system is a significant reform aimed at ensuring fairness and reducing disparities in the criminal justice system.
Under this system:
– Pretrial Detention Based on Risk: Individuals are detained pretrial based on their risk to public safety or flight, rather than their ability to pay bail. This change ensures that low-income individuals are not unfairly kept in jail solely due to lack of financial resources.
– Prompt Hearings: Defendants receive prompt hearings to determine whether they should be detained pretrial. Judges consider factors such as the severity of the offense, the defendant’s criminal history, and any potential threat to the community.
– Emphasis on Non-Monetary Conditions: Courts are encouraged to impose non-monetary conditions of release, such as electronic monitoring, curfews, or regular check-ins with a pretrial services officer, to ensure compliance and public safety.
– Enhanced Fairness: This system aims to create a more equitable process by preventing wealth-based disparities in pretrial detention, promoting the principle that freedom before trial should not be determined by one’s financial status.
At Buckley & Michaels Attorneys at Law, we stay informed about the latest legal developments to provide you with the most effective defense. Our priority is to protect your rights, ensure fair treatment under the law, and achieve the best possible outcome in your criminal case.
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