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Understanding The Illinois Criminal Trial Process From Start To Finish

When prosecutors come after you in Illinois, they come armed with resources, investigators, and a plan to convict. We make it clear from the start: you are not alone. At Edward Johnson & Associates, we are battle-tested in Chicago courtrooms. We fight aggressively for our clients, dismantling weak cases and forcing the prosecution to prove every detail under the law. The criminal trial process is not a mystery to us; it’s a battlefield where preparation, precision, and tenacity win the day.

Every step matters. From arraignment to trial, one wrong move can give the State the upper hand. That is why we take control immediately, scrutinizing charges under the Illinois Criminal Code (720 ILCS 5/1-1 et seq.) and protecting your constitutional rights under the U.S. Constitution and Illinois Constitution. We know when to challenge evidence, when to push back against improper police tactics, and when to expose holes in the prosecutor’s strategy.

The Arraignment And Bail

The first step after being charged is an arraignment. This is where charges are formally read, and you enter a plea. Judges decide on bail conditions, often under pressure from prosecutors who want restrictions placed on you. We push back, using Illinois bail laws under 725 ILCS 5/110-1 et seq. to argue for fair conditions. A strong stance at this stage sets the tone for the rest of the case.

The Discovery Process

Discovery is where prosecutors hand over the evidence they claim to have. Police reports, witness statements, forensic evidence—this is where we expose flaws. Under Illinois Supreme Court Rule 412, the State must provide certain information. Too often, they hold back or overstate their case. We demand compliance and dig into every file, looking for contradictions that can destroy credibility later in the trial.

Pre-Trial Motions

Before the trial begins, we file motions to suppress evidence, dismiss charges, or limit what the jury can hear. If police violated your rights under the Fourth Amendment or under 725 ILCS 5/114-12 et seq., we move to throw out that evidence. These fights are where cases can be won before they ever reach a jury.

The Trial

Once the trial begins, everything is about strategy. Prosecutors will attempt to paint you as guilty before the first witness takes the stand. We counter that aggressively. Jury selection is critical—we remove biased jurors who will not give you a fair shake. During trial, we cross-examine witnesses relentlessly, highlight inconsistencies, and use evidence rules under 725 ILCS 5/115-1 et seq. to keep out unreliable testimony.

We fight like bulldogs when necessary, but we are also tacticians. Sometimes the smart move is striking a deal that reduces charges or avoids jail time. The key is knowing when to negotiate and when to destroy the prosecution’s case in front of the jury.

Sentencing And Appeals

If there is a conviction, the battle is not over. We argue sentencing under 730 ILCS 5/5-4.5 et seq., fighting for reduced penalties. If mistakes were made at trial, we file appeals, challenging improper rulings or constitutional violations.

Criminal Trial Process Frequently Asked Questions

What Rights Do I Have If I Am Arrested In Illinois?

You have the right to remain silent, the right to an attorney, and the right to be free from unlawful searches and seizures. These rights come from the U.S. Constitution as well as the Illinois Constitution. Exercising these rights immediately protects you from giving prosecutors unnecessary evidence.

Can The Police Use Evidence Obtained Without A Warrant?

Evidence obtained without a warrant can be challenged. Under 725 ILCS 5/114-12, evidence from an unlawful search or seizure must be suppressed. We fight these battles aggressively to keep unconstitutional evidence out of court.

What Happens If The Prosecutor Withholds Evidence?

Illinois law and Supreme Court precedent (Brady v. Maryland) require prosecutors to turn over all exculpatory evidence. If they fail, it can lead to sanctions or dismissal. We know how to force compliance and hold the State accountable.

How Long Does A Criminal Trial In Illinois Take?

The length varies. Some cases resolve in months, while more complex trials can take a year or longer. Illinois’ “speedy trial” law under 725 ILCS 5/103-5 requires trial within 120 to 160 days, depending on whether you are in custody, unless you waive that right.

What Is The Difference Between A Plea Deal And Going To Trial?

A plea deal is a negotiated resolution where you accept some responsibility in exchange for reduced charges or penalties. A trial is where the State must prove guilt beyond a reasonable doubt. We weigh both options, but we never recommend a deal unless it puts you in the strongest possible position.

What Are The Penalties If I Am Convicted?

Penalties depend on the charge. Felonies can mean years in prison, while misdemeanors may carry fines or probation. Illinois sentencing guidelines under 730 ILCS 5/5-4.5 determine ranges, but we argue aggressively to secure the lowest possible outcome or alternative sentences.

Call Edward Johnson & Associates To Fight Your Charge

At Edward Johnson & Associates, we do not back down. We fight prosecutors head-on, expose weak evidence, and build defenses that win. If you are facing criminal charges in Chicago, you need attorneys who will go to war for you, both in and out of the courtroom.

Contact our Chicago criminal defense lawyer at Edward Johnson & Associates P.C. by calling 708-762-8666 to receive your free consultation. Our offices are located in Chicago, Illinois, and we serve clients throughout the entire Chicagoland metro. When your freedom is on the line, you need bulldogs in your corner.