Yorkville Felony Defense Lawyers
The content below is intended to give basic information regarding a felony charge. For more information and more complete explanation of your rights, please contact Majer, Sheen & Piereth, P.C. in Yorkville, Illinois for a free telephone or office consultation with a felony lawyer.
Even though you have been arrested, the State formally charges you by way of an Indictment or complaint for indictment and preliminary hearing. You can waive your right to either a preliminary or an indictment. A preliminary hearing is when a Judge decides, after the hearing, whether there is enough evidence for the charge to stand after evidence is presented by the state through witnesses. An indictment is a process by which the State’s Attorney presents evidence before a 12 secret grand jurors and they deliberate whether or not there is enough evidence to charge you with a crime.
Pleas of Not Guilty
Right to Trial
- You have the right to have either a jury trial or a bench trial.
- A jury trial is where either 6 or 12 people decide your guilt or innocence. If found guilty, the judge, not the jury, sentences you.
- A bench trial is where the judge decides your guilt or innocence, and sentences you if he/she found you guilty.
- You are entitled to a trial by jury or a trial before a judge without a jury. But you are not required to go to trial. Instead, you may enter into a negotiated plea with the prosecutor or enter a “blind” plea before the court and let the judge sentence you.
Defending Your Case
- You didn’t commit the crime
- Self Defense
- No intent to commit crime
- State Cannot prove their case beyond a reasonable doubt
- Lack of evidence/ Lack of witnesses