ALWAYS REMEMBER THAT YOU HAVE A RIGHT TO REMAIN SILENT AND ANYTHING CAN AND WILL BE [MISTATED, TWISTED, MISCONTRUED] USED AGAINST YOU IN A COURT OF LAW. THE BEST POLICY IS TO SAY YOU WISH TO REMAIN SILENT AND ASK FOR AN ATTORNEY. IT IS TRULY AMAZING HOW THE PROSECUTORS AND POLICE ARE ADEPT AT CHANGING WHAT YOU SAY TO SOMETHING INCRIMINATING EVEN IF YOU ARE INNOCENT. THEY SAY TRUST THEM – THAT’S A BAD CHOICE!
THE FOLLOWING REFERS TO MY EXPERIENCE IN COOK COUNTY COURTS IN ILLINOIS – IT MAY NOT APPLY TO COURTS ELSEWHERE
Arrest and bail – when you are arrested you will be photographed (mug shot), fingerprinted and receive a bond slip – either a personal recognizance bond (“I-Bond”) or a bond slip that requires you to pay 10% of the bail to get out (“D-Bond” – usually $100). These kinds of bonds may be written by the senior officer at the precinct where you are booked. Anything more requires you go before a judge. All felonies require bail/bond to be set by a judge. The precinct officer will give you a copy of the bond slip that list your first court date, time, and place, after you sign it and then you are released.
First Appearance after arrest and bail set-
If the complainant (officer or citizen who signed complaint) does not appear the States Attorney will move to SOL (stricken on leave of court to re-instate [within 160 days]). Then the judge will tell you that you can leave. The State may petition to re-open the case within 160 days. If they do, you will receive a postcard to appear. You should immediately orally make a statement demanding trial: “I move for speedy trial”. This is to preserve your right to sue for unlawful arrest, malicious prosecutions, etc. if you should later want to do so. Once 160 days have passed you should consider going to the clerk and asking for the forms to expunge the record, otherwise you will continue to have a criminal record that could be seen by people doing background checks.
If the officer or complainant appears, then the judge will ask if you have an attorney. If you can afford one but don’t have an attorney you can ask the judge for a continuance so you have time to find one. If you can’t afford one, you can ask the judge to appoint a public defender and the judge will do so and pass the case. You then will be told to talk to the PD in the hall or whatever and you will then decide what to do with his assistance. When you next go before the judge when the case is recalled, the prosecutor (Assistant States Attorney) will hand your PD the “discovery” – that is a small package of papers containing the complaint (charge), the arrest report, police incident reports, your rap sheet, and a “bill of particulars” stating the date, time, place, and names of witnesses to the crime.
Miranda Warning (Admonishments) are NOT REQUIRED in misdemeanor cases.
Bail is generally granted at the police station and you are released (usually $1000 I-Bond i.e. personal recognizance bond or $1000 D-Bond – you have to pay 10 % or $100 to get out). The senior officer at the station is allowed to decide to give and issue this bond order at the station by Illinois Supreme Court Rules. If they want a higher bail ordered or you refuse to sign the bond slip stating you agree with the conditions, you will be held until you can be taken before a judge who will then set bail.
Phone Calls – you have a statutory right to make a phone call to your attorney and to your family. They however do not have to let you do this until you are processed (fingerprinted, photographed, attempt to interview you, check your criminal record and see if any outstanding warrants). If you are ill and taken to the hospital or infirmery immediately at the jail you will illegally be denied this right in C[r]ook County.
Every time you are moved to another location, the right to call attorney and family is renewed, but this may not be honored as the C[r]ook County Sheriff and local police don’t feel they need to follow the law.
Discovery – Discovery is where both sides exchange evidence and witness names, etc. prior to trial. In misdemeanor cases, the defendant is NOT required to give the State ANYTHING prior to trial and it is often best not to do so. The State however must give “Schmitt Discovery”. This is only what is required by the decision in the U.S. Supreme Court Case. People v. Schmitt, 56 Ill. 2d 572. Schmitt requries the following:
If you want to represent yourself,
PAGE IN PREPARATION
glad I found this site. just wonder if you have any experience in writing and the procedures for a Bill of Particulars and what needs to be done with the court to get it dismissed after they do not respond. to a Bill of Particulars?
thanks Ann
Comment by Ann Anderson — January 26, 2011 @ 1:11 am
Please help . The police entered my garage which is a part of my home forcibly entered and arrested me for disorderly conduct. I dont know if this is a misdemeanor or not. However, no miranda, warrant or cause or evidence of disorder conduct. I never left my home. I told a woman that one cannot allow dog’s to poop on common property. She started to scream. I closed my door.Then her mo. & another woman trespassed on my property ringing and banging on my door. I opened it and they started screaming. I told them if they did not stop I would close the door. 1 left the mother stayed. She was appeased.Then her daug & a man flaying & screaming running down the middle of the street . I closed my garage door. They must have called the police. I dont know what they said but the only one disorderly was the woman. The are retaliating bec. they dont want me to call in complaints. Should I file a complaint with the internal affairs or wait until I defend myself. I dont want my name known bec of the pending court
Ginny
Comment by ginny — July 21, 2011 @ 6:54 pm