Crime & Traffic

Start by finding out exactly what you were charged with. You may learn this in different ways. If you received a ticket or citation, the charge will be listed on the document. If you were arrested, you may receive paperwork at the jail or be told the charges at your first court appearance. A form that lets the plaintiff and the court know the defendant is participating in the case. It can also be when a person shows up to their court hearing.

Charges may include:

• Ordinance A law or rule made by a local government like a town or city violations
• Petty offenses
• Misdemeanors
• Felonies

Learn more about the types of charges that exist in Illinois. 

Do not ignore a ticket or court notice. Even minor A person under 18 years old offenses can have consequences, and missing court can lead to additional penalties or a warrant for your arrest.

If the charge could lead to jail or prison, you have the right to a lawyer. Someone who represents clients in courts or who gives legal advice If you cannot afford one, you can ask the court to appoint a public defender. Judges often ask about this at your first court appearance, A form that lets the plaintiff and the court know the defendant is participating in the case. It can also be when a person shows up to their court hearing. but you can also tell the judge that you cannot afford a lawyer and would like one appointed. Learn how to ask for a public defender.

Note: If you or someone you know is being held by the Chicago Police Department, you can call First Defense Legal Aid at 1-800-529-7374 (1-800-LAW-REP4) for a free lawyer provided by the Law Office of the Cook County Public Defender, 24 hours a day, 365 days a year. You can also reach the Public Defender’s hotline directly at (844) 81-RIGHT (817-4448).

Your first court date may be called a first appearance A form that lets the plaintiff and the court know the defendant is participating in the case. It can also be when a person shows up to their court hearing. or arraignment. At this hearing, When the parties in a case present their sides of a case to a judge or other officer the judge may:

• Tell you the charges against you
• Ask whether you have a lawyer Someone who represents clients in courts or who gives legal advice
• Decide whether you qualify for a public defender A free lawyer appointed by the criminal court when a defendant cannot afford to pay for a lawyer
• Decide whether you will be released before trial When the issues of a case are heard in court and decided by a judge or jury (pretrial release)
• Set conditions you must follow while your case is pending
• Schedule future court dates

If the judge grants pretrial release, you will usually be allowed to remain in the community while your case continues. However, the court may set conditions you must follow. If you violate these conditions, the court may change your release conditions or take other action. Learn about pretrial release.

Find out what could happen if you are convicted or plead guilty. The possible sentence depends on the type of charge and the law that applies to that offense. Many crimes in Illinois allow a range of sentencing options, including:

• Court supervision: Considered a favorable outcome if it is available. It is commonly used for traffic offenses and many misdemeanors. If you successfully complete supervision, you are not convicted of the crime.
• Conditional discharge: A conviction, When someone is declared guilty of a crime by a court but it usually involves fewer restrictions than probation, A criminal court sentence which releases a person into the community. They are under supervision and given certain conditions. and you generally do not report to a probation officer
• Probation: A conviction with supervision by a probation officer for a period of time.
• Jail or prison: Some offenses may result in incarceration, especially more serious crimes.
• Fines and fees: Many cases require payment of court fines or costs.

Sometimes sentences can be combined, such as jail followed by probation. Some crimes also have mandatory minimum sentences, which require jail time if a person is convicted.

Learn more about the differences between these outcomes.

Important: If you are not a U.S. citizen, a criminal conviction can affect your immigration status. You should speak with a lawyer Someone who represents clients in courts or who gives legal advice before pleading guilty.

Alternatives to traditional sentences

Some counties offer alternatives to traditional sentences, such as programs for veterans, people with substance use disorders, or people who need mental health treatment. Certain first-time offenders or types of offenses may also qualify for diversion Includes juveniles sent to the facility in lieu of adjudication as part of a diversion agreement. programs. Because these options are not available for every charge, it is important to ask about them and understand your eligibility before pleading guilty.

Before deciding what to do, try to understand the evidence Anything used to show that something is true in your case and the possible consequences. In most cases, you have two main options:

• Contest the charge and go to trial, When the issues of a case are heard in court and decided by a judge or jury where the government must prove the case against you, or
• Plead guilty, sometimes after negotiating a plea A person's formal answer of guilty, not guilty, or no contest to the charges against them agreement with the prosecutor.

You should not plead guilty unless you understand the possible penalties and consequences. 

Important: We strongly recommend speaking to a lawyer Someone who represents clients in courts or who gives legal advice about your specific case before making a decision.