Illinois Criminal Law
Criminal law in Illinois can be found in the State's statutes that detail crimes and punishments that a person faces if convicted. The information below is a brief overview of some of the common criminal issues faced in the Illinois criminal courts. For detailed advice or specific concerns, contact and Illinois criminal defense attorney.
Drug Possession in Illinois
Illinois criminal law takes possession of drugs very seriously and can levy substantial fines or prison terms even for first offenders.The Illinois criminal code breaks drug possession sentencing down depending on the nature and quantity of the drug, and whether or not the person arrested is intending to distribute.
Being charged with possession of marijuana or more serious narcotics in Illinois is a complicated and serious matter. The punishment can be severe and it is advisable to contact an Illinois defense attorney to discuss your circumstances.
Assault in Illinois
Assault in Illinois occurs when the accused threatens physical harm to another, and the victim feels reasonable fear of the injury; note that the injury need not actually occur.
Battery in Illinois, often related to assault, occurs if the victim is actually harmed, and is a misdemeanor punishable by a fine up to $2,500 and up to 1 year in jail. Aggravated battery in Illinois can arise from serious or potentially life threatening injury and is punishable by a fine up to $25,000 and 2 – 5 years in jail. If you have been accused of or charged with an assault, battery, or both, contact an Illinois defense attorney.
Illinois Drunk Driving – DUI
If you are convicted of a DUI in Illinois, you may face a mandatory term of five days in jail or 240 hours community service. Additionally, there is a possible six-month sentence, fine up to $1,000, and a license suspension of one year. Should the offense be more serious or a repeated offense, the punishments will increase. If arrested for a DUI in Illinois, contact an Illinois DUI attorney.
Right to Jury in Illinois
In Illinois, a criminal defendant has a right to a jury trial, but may waive that right in a written document presented to the Court. If the offense is punishable only by a fine, than the defendant must demand a jury trial. It is advisable to speak with an Illinois defense attorney about your jury options.
Trial Date in Illinois
If you have been accused of a crime in Illinois, you have the right to a speedy trial. This means that a trial date will be set within 120 days of incarceration or if the defendant is released on bail, within 160 days of the defendant demanding trial. Either party may make a motion to request a continuance that the Court will review and make a determination on whether or not to delay the trial. The Illinois court will consider the availability of witnesses and evidence, the preparedness of the parties, and other factors to determine if a delay is in the best interest of justice.
Sentence Review and Appeals in Illinois
A convicted defendant in Illinois may make motions for a new trial or to reverse the judgment alleging the facts did not support a conviction. Additionally, an Illinois defendant may petition the Court for a post-trial hearing to review the conviction by alleging the conviction is a substantial denial of constitutional rights. Should those measure not work, the defendant may file an appeal in Illinois appellate courts. For questions on the proper procedure of post-trial motions or request, contact an Illinois appellate defense attorney.
Criminal Statutes in Illinois
Click here to find the following Illinois Criminal Code.