Who files criminal charges?
In the State of Illinois, either the State’s Attorney’s office of the County in which the alleged crime was committed, or the Illinois Attorney General’s Office, determine whether to file criminal charges. Sometimes, the prosecution decides to present the evidence to a Grand Jury, which does not determine innocence or guilt, but only determines whether there is probable cause to believe that the defendant committed a crime.
If I am charged with a crime, does it mean that I am guilty?
A criminal charge is evidence of nothing. It is only an accusation that the Defendant has committed a criminal offense. When a Defendant is accused of a criminal offense, the State must prove, beyond a reasonable doubt, the elements of the criminal charge.
What is the difference between a felony and a misdemeanor?
A felony is a criminal offense punishable by a sentence to the Illinois Department of Corrections, commonly known as prison.
A misdemeanor is a criminal offense that is punishable by imprisonment in the county jail, but not punishable by a sentence to prison.
What should I do if I am being investigated or arrested for a criminal offense?
Call us immediately. The stakes of the criminal justice system are extremely high, and a good lawyer can make a great difference in the outcome of the case. The lawyers of Mertes & Mertes, P.C. are happy to discuss your case with you. At Mertes & Mertes, P.C., we handle criminal cases in the State of Illinois at both the state and federal level.
Illinois criminal defense lawyers at Mertes and Mertes. We’re a top Illinois defense firm helping people charged with all felony and misdemeanor crimes, theft, burglary, bad checks, shoplifting, arson, vandalism, assault. Call us now, at 815.626.1500.
DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Please contact Mertes & Mertes, Attorneys At Law for advice on any legal matter.
Definitions:
Criminal Law – Criminal law, or penal law, is the bodies of rules with the potential for severe impositions as punishment for failure to comply. Criminal punishment, depending on the offense and jurisdiction, may include execution, loss of liberty, government supervision (parole or probation), or fines. There are some archetypal crimes, like murder, but the acts that are forbidden are not wholly consistent between different criminal codes, and even within a particular code lines may be blurred as civil infractions may give rise also to criminal consequences. Criminal law typically is enforced by the government, unlike the civil law, which may be enforced by private parties. more information here
Probable Cause – In United States criminal law, probable cause is the standard by which a police officer has the authority to make an arrest, conduct a personal or property search, or to obtain a warrant for arrest. It is also used to refer to the standard to which a grand jury believes that a crime has been committed. This term comes from the Fourth Amendment of the United States Constitution:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
“Probable” in this case may relate to actual statistical probability, or to a general standard of common behavior and customs. The context of the word “probable” here is not exclusive to community standards and does not predate statistics, as some have suggested. more information here
State’s Attorney’s Office – In addition to direct criminal prosecution, the State’s Attorney’s Office files legal actions to enforce child support orders, protect consumers and the elderly from exploitation, and assist thousands of victims of domestic violence every year. The Office is divided into seven bureaus: Criminal Prosecutions, Juvenile Justice, Narcotics, Special Prosecutions, Civil Actions, Investigations and Administrative Services.
The Attorney General – The Attorney General is the state’s chief legal officer and is responsible for protecting the public interest of the state and its people. The job of the Attorney General is to: Advocate on behalf of all of the people of Illinois; Legislate with members of the General Assembly for new laws; and Litigate to ensure state laws are followed and respected.
Grand Jury – In the common law, a grand jury is a type of jury that determines whether there is enough evidence for a trial. Grand juries carry out this duty by examining evidence and issuing indictments, or by investigating alleged crimes and issuing presentments. A grand jury is traditionally larger than and distinguishable from a petit jury, which is used during a trial.
Felony - Crimes commonly considered to be felonies include, but are not limited to: aggravated assault and/or battery, arson, burglary, illegal drug use/sales, grand theft, robbery, murder, rape, and vandalism on federal property. Broadly, felonies can be categorized as either violent or non-violent (property and drug) offenses.
Misdemeanor – Depending on the jurisdiction, examples of misdemeanors may include: petty theft, prostitution, public intoxication, simple assault, disorderly conduct, trespass, vandalism, drug possession, reckless driving, and other similar crimes.
The attorneys at Mertes and Mertes Serve the following Illinois areas. Whiteside County, Lee County, Ogle County, Carroll County, Rock Island County, Dekalb County, Kane County, DuPage County, Winnebago County, Stephenson County and Bureau County. Call us today, at 815.626.1500.
