Crime & Traffic

There are four types of criminal charges:

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

Ordinance violations and petty offenses do not carry jail time. However, they can still lead to fines or other penalties, such as traffic school, diversion Includes juveniles sent to the facility in lieu of adjudication as part of a diversion agreement. programs, or public service. Misdemeanors can lead to a jail sentence of up to one year. Felonies are more serious crimes and can lead to prison sentences of one year or more, and sometimes up to life in prison.

Illinois abolished the death penalty in 2011 and no longer executes people for crimes.

Yes. You should take any type of ticket seriously. Even if you can’t go to jail, they can still carry significant consequences.

Ordinance A law or rule made by a local government like a town or city violations are issued by cities or villages for violations such as noise complaints, local traffic violations, fighting, alcohol possession, or animal control violations. These offenses can result in very high fines and other penalties. You are not entitled to a lawyer Someone who represents clients in courts or who gives legal advice for these offenses, but you should not ignore them. Depending on the municipality, these cases may be heard in a courthouse or at a village or city hall.

Petty offenses, which often include traffic violations, are serious as well. Fines and costs can sometimes reach $1,000 or more and may affect your driver’s license. Many petty offenses can suspend or even revoke Cancel or take back your driver’s license. They can also increase your insurance rates or affect your job, especially if you have a commercial driver’s license or need to maintain a clean driving record for work.

The main difference between a misdemeanor A lesser crime punishable by a fine or confinement in county jail for up to one year. and a felony A serious crime that is punishable by more than one year in prison is the seriousness of the crime and the maximum jail sentence.

There are three levels of misdemeanors in Illinois:

• Class A: up to 1 year in jail
• Class B: up to 6 months in jail
• Class C: up to 30 days in jail

Misdemeanors can also include other penalties, such as public service or court-ordered treatment for mental health, substance abuse, or domestic violence. Harm by one household or family member against another household or family member. Harm may be an emotional, mental, or physical injury Many misdemeanors also carry collateral Property a person promises to give up if they do not repay a loan consequences. These are penalties that happen outside of court because of the guilty plea. A person's formal answer of guilty, not guilty, or no contest to the charges against them For example, a conviction When someone is declared guilty of a crime by a court could lead to having your driver’s license revoked, losing your right to own a firearm, or being fired from a job.

Felonies are the most serious crimes in the state of Illinois. There are five main felony classes: Class 4, Class 3, Class 2, Class 1, and Class X, with Class X being the most serious. The possible penalties depend on the specific crime. Even within the same felony class, different offenses may have different sentencing rules. Also, if you have been charged with certain misdemeanors or felonies in the past, a new charge could be ‘enhanced’ into something more serious. Felonies can carry prison sentences of one year or more, and in some cases up to life in prison. Some felonies allow probation A criminal court sentence which releases a person into the community. They are under supervision and given certain conditions. instead of prison, which means you serve Giving court documents to someone your sentence outside of jail. However, many felonies require a prison sentence.

It is not always easy to tell what you are charged with. If you have received a petty offense or ordinance A law or rule made by a local government like a town or city violation, you will usually get a paper copy of the violation. If you are arrested for a misdemeanor, A lesser crime punishable by a fine or confinement in county jail for up to one year. you may be processed at a local jail and be notified of the charges. If you are held for 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. Court, you will also be informed of the charges, including whether they are misdemeanors or felonies.

After you are released, you may be able to look up your case online. Many counties allow you to search for your name on the Clerk of the Circuit Court The lowest level of court in Illinois website for the county where you were arrested to see the charges filed against you.

If you are detained Includes juveniles held prior to a court makes a decision about their case,  awaiting transfer to adult criminal court, or awaiting a hearing or trial in adult criminal court. in jail before trial, When the issues of a case are heard in court and decided by a judge or jury you should speak with your lawyer to learn what charges you are facing. If you live in Cook County, you can contact the Arrest Hotline to be connected with a criminal defense lawyer for free, any time of day or night, by calling 844-81-RIGHT (844-817-4448).

You have two basic options:

• The first is to contest the charges and have a trial When the issues of a case are heard in court and decided by a judge or jury . At trial, the government must prove that you are guilty. This usually involves presenting evidence Anything used to show that something is true and calling witnesses in front of a judge or jury. If the government cannot prove the case, or if your defense is successful, you will be acquitted and found not guilty.
• The other option is to plead guilty. This means either negotiating with the government for an outcome you find acceptable or pleading guilty directly to a judge and making the case for the best possible sentence.

A negotiated plea, A person's formal answer of guilty, not guilty, or no contest to the charges against them or plea bargain, is an agreement between you and the government about how the case will be resolved. You and the prosecutor discuss the possible outcomes and decide whether you can reach an agreement. A negotiation can include a reduced or amended charge, which can change the possible sentence. For example, an initial felony A serious crime that is punishable by more than one year in prison charge can be negotiated to a misdemeanor, A lesser crime punishable by a fine or confinement in county jail for up to one year. which could lead to a less serious sentence.

A judge must approve the agreement before it becomes final. The judge cannot change the deal, but they do not have to accept it either. It is possible to get a negotiated plea from a prosecutor that a judge will not accept. If the judge does not accept the plea agreement, the lawyers can meet again to change any parts the judge does not agree with. Another option is a 402 conference. In this meeting, the defense lawyer Someone who represents clients in courts or who gives legal advice and prosecutor talk with the judge off the record about the plea deal. This can help them adjust the agreement so the judge is more likely to approve it.

Not necessarily! Pleading guilty is not a guarantee of avoiding jail. Some criminal charges carry mandatory jail sentences. In those cases, a plea A person's formal answer of guilty, not guilty, or no contest to the charges against them of guilty will guarantee a jail sentence.

Before you enter a guilty plea, you should understand the minimum and maximum sentences for the charge. If jail is a possible sentence, you should never enter into a plea before talking to a lawyer. Someone who represents clients in courts or who gives legal advice

If you are charged with a petty offense or an ordinance A law or rule made by a local government like a town or city violation, the court will move quickly and want you to make a fast decision. You may be asked to make a decision on the day of your first court date. However, you can tell the judge you would like time to think about a plea. A person's formal answer of guilty, not guilty, or no contest to the charges against them Judges will often allow this so you can make an informed decision.

If you are charged with a misdemeanor A lesser crime punishable by a fine or confinement in county jail for up to one year. or a felony, A serious crime that is punishable by more than one year in prison you should never feel pressured to plead guilty right away. You should always take the time to review the evidence Anything used to show that something is true against you, speak with a lawyer, Someone who represents clients in courts or who gives legal advice and understand your options. Misdemeanor and felony cases can take months or even years to finish in court. Deciding whether to plead guilty or go to trial When the issues of a case are heard in court and decided by a judge or jury is an important decision, so you should not rush it.

Yes, but it is not easy to do. If you want to withdraw a guilty plea, A person's formal answer of guilty, not guilty, or no contest to the charges against them you usually must ask the court within 30 days after entering the plea. After that time, it becomes much harder to withdraw it. You must also have a valid legal reason to withdraw the plea. Being unhappy with the terms of your sentence is not enough. You must show that there were constitutional issues, meaning there was a problem with your legal rights when you entered the plea.

For example, this could include situations where:

• You were under the influence of drugs, alcohol, or in a mental state that prevented you from knowing what you were doing when you entered the plea.
• Your lawyer Someone who represents clients in courts or who gives legal advice lied or misled you.
• You later discovered that the government hid important information about the case before you entered the plea.

For these reasons, withdrawing a plea of guilty is very difficult.

If you plead guilty in Illinois and receive a sentence, you will likely be placed on supervision, probation, A criminal court sentence which releases a person into the community. They are under supervision and given certain conditions. or conditional discharge.

Supervision

Supervision is often used for petty offenses or most misdemeanors. It is meant for first-time offenders or people with little to no criminal history. Many offenses, such as DUI or retail theft, The unlawful taking of property, money, or services from another person, business, or organization limit how many times you can get supervision to only one time in your entire life.

With supervision, you usually plead guilty and are sentenced to fines and fees. You must stay out of trouble for a period of time (up to two years) and may need to follow other conditions set by the court, such as completing public service. Supervision is not an available sentence for any felony. A serious crime that is punishable by more than one year in prison

If you successfully complete supervision and do not violate the law during that time, your finding of guilt is set aside, and you are not convicted of the crime. In practical terms, this usually means you can say that you were not convicted of a crime when asked by an employer or during a background check. However, there are some exceptions. You may want to speak with a lawyer Someone who represents clients in courts or who gives legal advice about how this applies to your specific situation.

Conditional discharge and probation

Conditional discharge and probation are both considered convictions under Illinois law. With conditional discharge, you are usually required to pay fines and fees. The conviction When someone is declared guilty of a crime by a court will appear on most background checks. Depending on the case, the court may also require you to follow certain conditions, but usually there are very few additional requirements.

Probation is a much more serious sentence. It means a conviction is entered on your record, and you will be monitored by a probation officer for a period of time. This probation officer has a lot of control over your life. They can order you to take drug and alcohol use tests, come into your home uninvited and without a warrant, make you come see them as they see fit, or order you to do more treatment of various kinds. With a sentence of probation, you must be monitored in the county where you live.

If you violate your sentence, there are a few things that can happen. Many supervision violations occur when someone fails to pay fines or fees or does not complete required classes, such as traffic school. If this happens, the court may revoke Cancel or take back your supervision and enter a conviction When someone is declared guilty of a crime by a court instead. In traffic cases, a conviction can lead to higher insurance rates or even a suspension A temporary stop of a law or revocation of your driver’s license. It is possible that a new traffic ticket received while on supervision may not be noticed right away, especially in minor A person under 18 years old traffic cases. However, you should not assume this will happen. If the violation is discovered, the court may still revoke your supervision and enter a conviction.

If you have a sentence of supervision for a misdemeanor, A lesser crime punishable by a fine or confinement in county jail for up to one year. it is more likely that the court will notice any new violations. If the court finds that you violated supervision, the judge may revoke the supervision and resentence you. This means you could receive any of the penalties that were originally possible, including jail. Violating supervision for a misdemeanor can lead to serious consequences.

For more serious criminal charges, such as misdemeanors and felonies, violating the terms of your sentence can have serious consequences. The prosecutor can ask the court to revoke your original sentence and resentence you. The new sentence can be up to the maximum penalty allowed for the offense you pleaded guilty to. For example, if you received two years of probation A criminal court sentence which releases a person into the community. They are under supervision and given certain conditions. for a felony A serious crime that is punishable by more than one year in prison drug charge that carried a possible prison sentence of one to three years, violating probation could result in a new sentence of up to three years in prison.

The government must prove that you violated the terms of your sentence. If they cannot prove the violation, your original sentence will remain in place.

Violations often occur when someone fails to pay fines or fees, does not complete community service or required programs, or is charged with a new offense. If you think you may have violated the terms of your sentence, you should speak with a lawyer Someone who represents clients in courts or who gives legal advice as soon as possible, preferably the lawyer who handled your case.

Yes, but it depends on the type of sentence you have. If you are on supervision for a traffic offense, you can move anywhere at any time. If you are on conditional discharge, moving is also usually not a problem. In most cases, you do not need permission, whether the charge was a traffic offense, misdemeanor, A lesser crime punishable by a fine or confinement in county jail for up to one year. or felony. A serious crime that is punishable by more than one year in prison

If you are on a sentence of probation, A criminal court sentence which releases a person into the community. They are under supervision and given certain conditions. moving becomes more difficult. In Illinois, people on probation must report to a probation officer in the county where they live. For example, if you are sentenced to probation in DuPage County but live in Cook County, you may have two probation officers. One probation officer in DuPage County will supervise your case, and another in Cook County will be the officer you report to in person. If you move out of Cook County to Champaign County, you will get a new probation officer in Champaign County who will report back to your probation officer in DuPage County.

If you are on probation in Illinois and want to move to another state, or if you already live in another state when you are sentenced, you must transfer your probation to the state where you live or plan to live. This transfer happens through a system called the Interstate Compact, which allows probation supervision to move from one state to another. These transfers are almost always approved, but the state or county you want to move to must agree to accept your case. In rare situations, some counties may be reluctant to accept new probation cases because of limited resources. The judge in your case does not control whether a state will allow you to move there. This decision is made by the probation authorities.

A judge can decide a sentence in different ways depending on how the case is resolved. If there was a negotiated plea, A person's formal answer of guilty, not guilty, or no contest to the charges against them or plea bargain, then the judge does not decide what sentence to give; they simply approve or not approve of the deal as it is presented. In some cases, the lawyers and the judge may discuss the possible sentence ahead of time in a meeting called a 402 conference, which comes from Illinois Supreme Court Rule 402. During this meeting, the lawyers can explain the proposed sentence to the judge and discuss any unusual circumstances. This can help everyone understand whether the judge is likely to accept the agreement before it is formally presented in court.

If you plead guilty without a plea deal, or if you are found guilty at trial, When the issues of a case are heard in court and decided by a judge or jury the judge decides the sentence. The judge must choose a sentence within the range allowed by law for the offense. For less serious offenses, such as many traffic cases, the judge may impose a sentence right away after asking a few questions. For more serious charges, the court may hold a sentencing hearing When the parties in a case present their sides of a case to a judge or other officer to decide the appropriate sentence.

When deciding a sentence, judges consider many factors about the offense and the person being sentenced. For example, the judge may consider:

• Whether you have little or no criminal history
• Whether anyone was harmed during the offense
• Whether a jail sentence would cause hardship, such as if you support or care for someone financially
• Whether the offense is likely to happen again
• Whether you were under the influence of drugs or alcohol and have addressed that issue
• Whether you had untreated mental health issues and have sought treatment
• Whether you are able to pay a fine if one is imposed

For more serious charges, especially felonies, the court may order a pre-sentence investigation. A probation A criminal court sentence which releases a person into the community. They are under supervision and given certain conditions. officer or social worker will interview you and prepare a report about your background, employment, family situation, and other factors. This report helps the judge understand your circumstances before deciding the sentence.

In any criminal case where jail is possible, your lawyer Someone who represents clients in courts or who gives legal advice will speak on your behalf and try to obtain the best possible sentence for you. Before the judge imposes a sentence, the judge may also ask if you would like to say anything. This is called a statement in allocution. You may use this opportunity to explain what happened, take responsibility for your actions, express remorse, or describe what you have learned from the situation.

What you say can influence the judge’s decision. Taking responsibility and showing that you understand the impact of your actions can be helpful. However, blaming others or showing anger may have the opposite effect. Because this may be one of the few times the judge hears directly from you, it is important to think carefully about what you want to say.

After considering all of this information, the judge will decide the sentence.

If you plead guilty, you usually must first ask the trial When the issues of a case are heard in court and decided by a judge or jury court to withdraw your guilty plea A person's formal answer of guilty, not guilty, or no contest to the charges against them within 30 days. See the question above for more information about withdrawing a guilty plea. If the judge denies that request, you may then be able to appeal. A request to change a court's decision

A sentence can also be appealed. For example, you might appeal if you believe the judge made a legal mistake when deciding your sentence, such as giving a sentence that was outside the allowed sentencing range. Mistakes like this are rare, but they can happen, especially when the law changes. Lawmakers sometimes change sentencing ranges, mandatory minimum penalties, or how crimes are classified. When that happens, a judge who has given the same sentence for many years may not realize that the law has changed and that the sentence is no longer allowed.

A criminal appeal is a formal legal process that requires filing documents with the court and following strict rules and deadlines. Because appeals can be complicated, you should talk to a lawyer before trying to appeal a conviction When someone is declared guilty of a crime by a court or sentence.