Misdemeanor

Yorkville Misdemeanor Defense Attorneys

This basic information is only to answer some questions regarding misdemeanor cases. For more information and a more complete explanation of your rights, please contact Majer, Sheen & Piereth, P.C. for a free telephone or office consultation with a misdemeanor defense attorney.

Criminal Charge

  • Class A misdemeanors are punishable up to 364 days in the county jail and/or a fine up to $2,500.
  • Class B misdemeanors are punishable up to 6 months in jail and a $1,500 fine.
  • Class C misdemeanors are punishable up to 30 days in jail and a $1,500 fine.

Pleas Of Not Guilty

If you plead not guilty, you have a choice of trial before a judge, a bench trial, or jury, a jury trial, held before 6-12 people. You never give up your right to plead guilty and can do so at any time.

  • Nolle Prosequi: A formal entry in the record by which the prosecutor declares that he or she “will no further prosecute” the case.
  • Acquittal: A legal judgment, based on either a jury or a judge that an accused is not guilty of the crime for which he or she has been charged and tried.

Defending the Misdemeanor Case

Beyond a Reasonable Doubt: The degree of proof needed for a jury or judge to convict an accused person of a crime.

Defenses at Trial:*

  • 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

Defending Misdemeanor Cases

There are many ways to defend a case prior to trial on a motion.

  • Motion to Suppress Evidence: Did the officer violate your rights (against illegal stop, search or seizure, etc.)?
  • Motion to Suppress your Statements: Did the officer violate your Miranda rights or other constitutional rights?

Pleas of Guilty and Sentencing

Blind Pleas of Guilty. A blind plea of guilty is when you enter a plea of guilty before a judge without an agreement with the State If you enter a blind plea of guilty, you will be sentenced by the court after a sentencing hearing.* The court may hear factors in aggravation and factors for mitigation before the judge decides on the appropriate sentence.

Plea Agreement and Plea Bargain

An agreement between the State and the defendant wherein the defendant agrees to plead guilty under certain terms and conditions. Since both the State and the defendant risks losing everything should the case go to trial, plea agreements are means to arrive at a reasonable disposition without necessity of a trial. All plea agreements are subject to the judge’s approval.

Court Supervision

Court supervision is a preferred sentence that allows you to avoid a conviction on your permanent record if you satisfy all the terms or conditions of the sentence. Typically, supervision lasts for 1 year, but can last up to 2 years or only for a matter of months. If you satisfy all of the terms of your supervision, your case will be dismissed following the period of supervision. Certain cases if you can wait the statutory time period can be expunged off the public record.*

  • Expungement: A legal procedure in which if the expungement order is entered by the county allows your case records, finger prints, and photos to be destroyed or returned to you. The public record at the Circuit Court Clerk’s office is stricken and public access is denied.* Further case files are sealed. This is best for background searches for future employment.*

Terms of supervision*

Possible terms of supervision include, but are not limited to, the following:

  • Payment of fines, court costs and statutory fees.
  • Completion of community service or sheriff work alternative program.
  • Counseling: Alcohol, Drug, or Psychological.
  • Evaluation and counseling.
  • Payment of restitution to victim.
  • Avoid contact with victim.
  • You must not violate any laws while on the period of supervision.

If a subsequent violation occurs, the court can revoke your supervision and impose a new sentence on the offense that you originally received court supervision for.

Some types of crimes carry mandatory sentences on a plea or finding of guilty that do not allow a disposition of court supervision and will result in a conviction on your permanent record.* Sometimes it is possible by plea agreement with the state to amend the charge to a lesser charge that allows supervision.

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