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DuPage County criminal defense lawyerFacing criminal charges can be a frightening and confusing event. Thankfully, much of the fear and confusion can be mitigated against when you know your legal rights. Learn more about them in the following sections, and discover what an experienced criminal defense lawyer can do for you or your loved one in a pending criminal charges case.

Your Right to Be Treated as a Non-Guilty Person

The law states that you are innocent until proven guilty, which essentially means you are not to be treated as a guilty person while awaiting trial, no matter how incriminating the evidence against you seems. Law enforcement cannot punish you or treat you unfairly. They may not physically attack you, and they cannot treat you inhumanely. You must be supplied with basic life necessities, such as food and water. In addition, law enforcement cannot continue to detain you past the state-appointed time limit if they do not have enough evidence to prosecute.

Your Right to Remain Silent

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DuPage County criminal defense attorneyTo those who are dealing with police for the first time, it is an unnerving process. There are legal terms and lingo that are unfamiliar. There often is someone at the station being disruptive, increasing tensions around the room. The fear of the unknown gets the best of many, and anxiety inhibits the ability to comprehend what is happening. With terms such as “arrested” and “charged” incorrectly used in daily conversation, understanding the circumstances becomes even more of a challenge. It is important to realize that once an arrest occurs, a criminal record is created that will follow you until you go through the expungement or sealing process.

Arrested

“You are under arrest! You have the right to remain silent. Anything you say…” the rest becomes a blur to the individual in handcuffs being dragged away to the patrol car. The seemingly long speech that they are legally obligated to give you is known as your Miranda Rights. If you were to listen to them in their entirety, they are clear and concise, letting you know that you have the right to an attorney and if you say anything it can be used against you. You should always heed this warning and not say a word until a lawyer is present. Arrested just means that you are in the custody by the police. The arrest is the act of handcuffing and going to the police station to sit while the prosecutor determines whether or not a case exists. Although the decision has not been made and there may never be a conviction or even a case, the arrest itself will appear on your record.

Charged

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plea bargains, DuPage County criminal lawyerIf you have been arrested in Illinois, chances are your case will not go to trial. Almost 95 percent of criminal cases in the United States never reach trial and are instead resolved with a plea deal or a plea bargain. But, the decision to plead guilty and accept a plea bargain should not be taken lightly.

What is a Plea Bargain?

Prosecutors will often offer a criminal defendant a deal in order to entice them to plead guilty to a crime. The prosecutor may agree to drop some charges if the defendant pleads guilty. Another common part of a plea deal is the prosecutor agrees to recommend a lighter sentence in exchange for a guilty plea. You can think of a plea bargain like a contract. You agree to plead guilty to one or more crimes, and the prosecutor agrees to either drop some charges or recommend a certain sentence.

The Effects of a Plea Bargain

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Davi Law Group, LLC handles criminal law matters for clients in Chicago and throughout the western suburbs including DuPage County, Will County, Kane County, Kendall County and Cook County and the cities of Aurora, Bloomingdale, Bolingbrook, Carol Stream, Darien, Downers Grove, Elmhurst, Geneva, Glen Ellyn, Hinsdale, Joliet, Kendall County, Lisle, Lombard, Naperville, Oak Park, Oak Brook, Oswego, Park Ridge, Roselle, St. Charles, Villa Park, Warrenville, Wheaton, Winfield, Woodridge and Yorkville.

 

 

 

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