Your Rights in Illinois Criminal Cases

DuPage County Lawyer Defends Your Legal Rights When You Are Facing Criminal Charges

The Illinois Compiled Statutes outline the rights of a person accused of a misdemeanor or felony crime. Everyone is presumed innocent until proven guilty. It is the principle foundation of our nation's legal system.

Guilt must be proven beyond a reasonable doubt. The prosecution or state's attorney has the burden of proving that a person accused of committing a crime is guilty beyond a reasonable doubt. It is not the duty of the arrested or accused person to prove his innocence.

Available Tools for Criminal Defense

There are several tools that a defendant can use. "Affirmative defense" means that unless the State's evidence raises the issue involving the alleged defense, the defendant, to raise the issue, must present some evidence thereon. Then, the State must sustain the burden of proving the defendant guilty beyond a reasonable doubt as to that issue, together with all the other elements of the offense. If the affirmative defense of insanity is raised, the defendant bears the burden of proving by clear and convincing evidence his insanity at the time of the offense. Other tools include Motions to Suppress Evidence, Motions to Quash the Arrest, issuance of Subpoenas, and compelling Discovery.

Pursuant to 720 ILCS 5/3-4, the defendant is protected from double jeopardy. A prosecution is barred if the defendant was formerly prosecuted for the same offense, based upon the same facts, if such former prosecution:

1. Resulted in either a conviction or an acquittal or in a determination that the evidence was insufficient to warrant a conviction; or
2. Was terminated by a final order or judgment, even if entered before trial, that required a determination inconsistent with any fact or legal proposition necessary to a conviction in the subsequent prosecution; or
3. Was terminated improperly after the jury was impaneled and sworn or, in a trial before a court without a jury, after the first witness was sworn but before findings were rendered by the trier of facts, or after a plea of guilty was accepted by the court.

In addition, there are statutes of limitations in bringing charges against an accused person.

Contact an Elmhurst Criminal Defense Attorney

The experienced attorneys at Kathryn L. Harry & Associates, P.C. make use of all of these tools and more. Each set of facts brought to our team of lawyers is evaluated with an eye toward preparing the most aggressive defense possible. This preparation assists in obtaining good results, including dismissals, reductions in charges, plea bargains, and "not guilty" verdicts. As long-time criminal defense lawyers, we understand the law from multiple perspectives and are more creative because of it.

With years of criminal trial experience, our defense lawyers are dedicated to resolving your case as efficiently and cost-effectively as possible. We work with you to develop an effective defense strategy to get an acquittal, to reduce the charges against you, or to minimize negative consequences of a conviction.

Contact an Oak Brook criminal defense attorney at 630-472-9700 for a free initial consultation. Skillful legal defense does not have to cost your life savings. We provide affordable criminal defense services to people in DuPage County, Cook County, Will County, and Kane County, Illinois.