in lake county, il what is the name of the motion for a judge to issue a warrant on an indictment?

What To Look

INTRODUCTION

This is a general explanation of the steps your case will accept through the criminal justice system, and how the Office of the Public Defender will assist y'all at each phase. Each example is unique and every client volition be handled individually. Please heed to the communication of your attorney when it differs from the information found here.

ROLE OF THE PUBLIC DEFENDER

The Public Defender'due south Office cannot stand for you until appointed to exercise and then. One time appointed, you will be interviewed and informed of the charges against yous. This will have place chop-chop. If you are in jail, someone from our staff will come encounter you. If you are not in custody, you will receive a phone call from our office. If you have not heard from united states within 3 working days, please telephone call the office and enquire to speak with our intake partitioning.

Full investigation of your case takes time and is a squad effort involving you and our office. Without your cooperation we cannot be as constructive and in that location will be delays. Each case is different. Complicated cases naturally have longer than other cases.

Your chaser must be thoroughly prepared before he or she tin can go into court for you. If you do non understand why your case is taking so long to prepare, talk to your attorney. Your attorney volition explain the reasons to you.

During the preparation of your instance, your attorney volition update you on all of the facts, and explain available defenses likewise as legal options. Your attorney will likewise explain possible sentences if you plead guilty or are plant guilty at trial.

CONFIDENTIALITY

Anything you tell whatever representative of the Public Defender's Role is confidential. Without your permission, confidential data cannot be revealed to the prosecutor or anyone else. No one can force a representative of the Public Defender's Office to disclose confidential data.

Conversations with other people are non confidential. These people include your spouse, family, friends, Prison cell MATES, news reporters, probation officers, or police officers. You should not talk to these people almost your case. ALL PHONES CALLS from the Polk County Jail are recorded and reviewed by police force enforcement and prosecutors. This includes phone calls to your attorney. Anything yous say during a phone phone call can be used confronting y'all in courtroom.

INVESTIGATING YOUR Instance

Information technology is important that you cooperate with your attorney and your entire defense team. You lot must be completely honest with your attorney and the squad investigating your case. You must proceed them advised of all data and developments related to your example. If y'all are not completely honest with your attorney, he or she will exist caught off baby-sit and will not be able to effectively represent you.

You can help the investigation of your case by providing the names and address of witnesses. If you are out of jail, you can assist your example by finding witnesses and notifying your attorney past sending a letter, calling in, or scheduling an function appointment. If y'all are in jail, try to take your family and friends discover witnesses. A witness may be anyone who can testify to whatsoever circumstances which may evidence y'all are not guilty or which may tend to prove that the crime was not as serious as the prosecutor claims. Our investigators may interview the witnesses confronting you lot and attempt to locate defense witnesses. Accurate names and addresses are helpful. Y'all should non, yet, contact witnesses for the prosecution, the victim, or ship other people to talk to the witnesses or the victim for you. If y'all do, you may exist charged with a new criminal offense of tampering with witnesses.

Your attorney may file discovery motions to get witness lists, constabulary reports, witnesses' statements, reports of experts and other important facts in your case in the possession of the prosecutor. Discovery depositions and other statements given under oath may exist taken from witnesses. Your attorney also may talk with the prosecutor to get some thought of the prosecutors' intentions in your example. The prosecutor may determine to "plea bargain" either past agreeing to reduce the charges against you or like-minded to a lower sentence in commutation for a plea of guilty or nolo contendere (no contest). If the prosecutor offers a plea bargain to you, your attorney is required to tell you almost it even if you are innocent or want a trial. Your attorney telling you what the prosecutor has offered does not mean your attorney agrees with the prosecutor or believes that you should enter a plea of guilty or nolo contendere.

FIRST APPEARANCE

If you are in jail, you should appear earlier a estimate within 24 hours of your abort. The judge will first propose yous of the accuse(s) for which you have been arrested. The judge then will decide if the police had sufficient legal reasons- called likely cause – to arrest you lot. You should not talk about the facts of your case at this hearing. The law requires the judge to make this conclusion based solely on the paperwork before him. Absolutely naught you say about the facts of your case will aid you at this hearing.

After the guess has decided if there was probable cause to abort you, he or she will ask you if you lot wish to be represented by an attorney and, if so, whether you intend to hire private counsel. If yous are financially unable to hire your ain lawyer, you lot will demand to complete an application form which includes a financial affirmation. The court will besides charge you a $fifty application fee. The judge will then decide if you authorize for the services of the Public Defender's Role.

Only the clerk of courtroom or a guess can appoint the Public Defender's Part to correspond you.

FEES AND COSTS

Unless y'all are acquitted or your charge is dismissed, the services of the Public Defender are non costless. When yous apply for the appointment of the Public Defender, a $50.00 fee will automatically be assessed. Y'all will not be denied appointment of an attorney simply because you lot cannot immediately pay this fee. However, the fee must be paid as soon equally possible and tin can either be paid to the clerk of court or at the Bartow function of the Public Defender. Credit or debit cards tin be used to pay the application fee. If you are convicted and a sentence is imposed, the court will make payment of an attorney's fee a condition of your judgement.

Bail

Bail is intended to guarantee that you will appear for your scheduled courtroom advent. You have a very limited right to bail in capital cases and cases carrying a life judgement. Cases with express right to bond may include murder, sexual battery, kidnaping, burglary or robbery. To set up your bail, or to lower the corporeality of your bail, the gauge must be convinced you will appear in court when notified to be in that location. The court may inquire you several questions, such equally how long you have lived in the area, whether you take family in the area, whether you are working, whether yous have been released on bail before and appeared in courtroom when required, and whether or not you take a criminal record.

If the courtroom finds your accuse is not a serious crime, and you will appear when required in court, or that you have a responsible person in the community who will guarantee your appearance in court, the judge has the option of releasing you without bond. This is chosen release on your own recognizance (ROR). If yous cannot make the original bail, your Banana Public Defender may subsequently file a motion for reduction of bail if your bail seems too high in view of the charge or if the evidence against y'all is weak. Think, you lot do not accept a right to multiple bond hearings unless there are significant changes in circumstances. Non being able to brand the previously set up bond is not a meaning change in circumstances.

INTAKE

The first person from the Public Defender's Office you will meet may be an Banana Public Defender, a witness interviewer, or an investigator. Fifty-fifty though the interviewer may non be an attorney, the information you lot give is CONFIDENTIAL and will be given to your attorney. You volition exist asked a number of questions. It is important to cooperate fully and answer all questions truthfully.

If yous are released from jail before you accept been interviewed, you need to call and schedule an date at the Public Defender'southward office as presently as possible. Call back, it is your duty to call and schedule an appointment so your attorney can brainstorm working on your instance.

JAIL VISITS

The Assistant Public Defenders brand regular visits to the jail. Your chaser will meet with you when necessary, but cannot encounter with yous every time he or she is there. You should request a jail visit only when it is important that you and your attorney run into in person. This office may also use video conferencing to make contact with you at the jail. Video conferencing consists of talking with your attorney through a video and phone line. These communications are also confidential but you must be careful not to discuss the facts of your case within the hearing of other people.

Only the people in accuse of the jail can determine if your friends and relatives can visit you lot. Questions about nutrient, clothing, medical treatment and medicine should besides be directed to the people in charge of the jail.

FILING FORMAL CHARGES

The State Attorney's role has the sole discretion whether to file formal charges against yous. Even if witnesses don't want to testify against you or want to "drib the charges," the Country Attorney may notwithstanding charge yous. The law of the State of Florida gives the State Attorney this type of discretion. The State Attorney besides has subpoena power to brand witnesses come to court. If a witness who has been served a subpoena fails to appear, they can exist held in antipathy of court and fined or sentenced to jail.

If you lot are in jail, the prosecutor has 33 days from the date you are arrested to file formal charges against you. If formal charges are not filed within 33 days, the court, on the 33rd day and with discover to the State Attorney, may club y'all released on your own recognizance. The State may petition the court for an extension of fourth dimension to file formal charges if they tin can testify proficient cause for doing so. The extension can be for no more than than 40 days from the date of your arrest.

ARRAIGNMENT

Afterwards your first appearance, if formal charges are filed, an arraignment volition be scheduled. The arraignment is non a trial and not a time when evidence or witnesses can be presented. At most arraignments you are informed of the charges against you, and if you do non have a lawyer the Public Defender's Office may exist appointed to represent you, if you lot qualify. You may either appear in person for arraignment, or, in advisable cases, y'all attorney may file a written plea of non guilty on your behalf. You must nourish your arraignment in person unless your chaser has specifically told you otherwise. If a plea of non guilty is entered at your arraignment, your example will normally exist scheduled for a pretrial briefing.

MOTIONS

After investigating your case, your attorney may file motions and inquire for a court hearing. YOU SHOULD Non FILE YOUR OWN MOTIONS. If you lot are represented by a Public Defender the police does not allow you lot to also file your own motions. Considering y'all are not an attorney, you may put something in a motion that could hurt your case. If you lot have a affair that you want the court to know nearly, ask your attorney about information technology.

COURT APPEARANCES

You must appear in courtroom for all your court hearings unless your attorney advises you otherwise. If you change your address while waiting to come to trial, notify your attorney immediately then that you tin exist notified when y'all must be in court. It is all-time to go far earlier the time scheduled in social club to discuss the case with your attorney. If yous cannot announced in court on time, notify your chaser immediately. If you do non and are late, the judge may issue a warrant for your arrest and your right to a speedy trial may exist lost. Your bond may also exist revoked.

PLEAS

The law presumes you are innocent until proven guilty. You can only plead one of three ways: i) Not Guilty; 2) Guilty; 3) Nolo Contendere, which is Latin for no contest. A not guilty plea is entered when you are innocent of the charges filed against you. Information technology is besides entered when more fourth dimension is needed to investigate your instance and make up one's mind whether or not you desire to continue to trial. If you plead guilty or nolo contendere, either to the charges confronting you or to some lesser charge, the judge will enquire you lot questions in order to confirm that you know what you are doing and that no i is forcing yous to enter the plea. Only the estimate will determine if your plea volition exist accepted. This is true even if you lot, your attorney, and the Country Chaser take negotiated a plea understanding.

If y'all plead guilty or no competition, there will non be a trial and the gauge volition proceed with sentencing.

CHANGING A PLEA

If, after talking with your chaser, you decide to change your plea of non guilty to either guilty or nolo contendere, your attorney volition explain to the courtroom that you desire to change your plea. Before accepting your plea, the approximate will inquire you certain questions to make sure yous understand all of your rights, and that no i has pressured you into irresolute your plea. You lot alone must decide whether to change your plea, and the court wants to brand sure it is solely your determination.

TRIAL

Unless the charges confronting you are dismissed or you enter a plea of guilty or nolo contendere, your case will get to trial. A case tin be tried either with a jury or without i. In a jury trial, the judge presides over the courtroom proceedings, and six or more citizens from the community are chosen to hear the evidence presented against y'all. These citizens make up one's mind whether a crime has been committed and whether you are criminally responsible for that crime. In a not-jury trial, the judge alone decides whether a crime has been committed, and whether you are criminally responsible for that crime.

You and your chaser must determine whether you lot want a jury trial or a non-jury trial. The State Attorney must also agree to a non-jury trial.

Most trials involve using a jury to decide the facts of the instance. Your attorney will question prospective jurors, and with your assistance attempt to select the best ones to hear your instance. After both sides question the jury and jurors are agreed upon, the bodily trial begins. Each side can make an opening statement telling the jury what the case is virtually. The prosecutor so presents his or her witnesses and show. Your chaser tin can cross-examine witnesses and claiming whatsoever evidence. If the State'south witnesses do not appear in courtroom for your trial, the judge may dismiss your case, or he tin can postpone it at the asking of the Land Attorney. This decision is up to the judge.

After the prosecution witnesses testify, your attorney makes a motion for judgment of acquittal. This motility is usually made in all cases to see if the prosecutor presented enough evidence to show you committed the criminal offense for which you are charged. If this motion is denied, then your attorney may present defence force witnesses and bear witness after which the prosecutor may offer rebuttal bear witness.

You have the correct to testify in your trial, merely you do not accept to testify. The determination as to how to best defend your case is complex and should be discussed in detail with your attorney.

After all the evidence is presented, each side makes its endmost arguments to the jury. The judge then tells the jury the laws and rules applicable to your instance which govern the juries' deliberation. The jury and then goes into a room to talk almost the case until they reach a unanimous verdict. If the jury is unable to reach a unanimous verdict, meaning every juror does not hold to the same verdict, a mistrial is announced and the case volition exist reset for trial at a afterwards appointment.

SENTENCING

If you are convicted you will have an opportunity to speak with the judge before any sentence is imposed. Yous should discuss with your attorney whether to speak with the gauge and, if so, what to say. The gauge will too requite the state, your attorney, and any other interested party or witness a chance to speak. Let your attorney know in advance the names and addresses of people you want to speak at your sentencing. Practice not compare the sentence in your instance with those in other cases you have heard most because each case is dissimilar.

Culling SENTENCING

If you experience y'all have a mental health issue or a drug or alcohol problem that may have contributed to your committing a criminal offense, you should tell a representative of the Public Defender'due south Office at the starting time opportunity. You should as well immediately tell them if yous have ever received treatment for a mental status or drug/alcohol abuse. You lot may exist eligible to enter a special handling plan which may help in getting leniency from the prosecutor and/or the judge. Additionally, you may qualify for Drug Court or Behavioral Wellness Court.

PROBATION

Probation is a privilege– non a correct. If you are a start­ time offender, this does not mean y'all volition automatically receive probation. If you are placed on probation, the usual conditions include: 1) reporting regularly to your probation officer; 2) notifying and receiving permission from your probation officer earlier irresolute your accost, changing your chore, or leaving the county; and three) leading a law-abiding life and non committing whatever other crimes. If you violate any of these probation conditions, or any special atmospheric condition required by the judge, the judge may sentence you to prison. If the violation of probation is a law-breaking committed by you while on probation, the approximate can revoke your probation without waiting until you are bedevilled of the new charge. A probation violation hearing will be held past the judge without a jury and the degree of proof necessary to observe a violation of probation is lower.

Appeal

If you are convicted and want to appeal your case, you must practice so within thirty days after sentencing. You have only a very limited ability to entreatment if you entered a plea freely and voluntarily, whether with or without a plea agreement, and the sentence imposed is inside the legal limits and complies with the plea agreement.

An entreatment is NOT an opportunity for a higher courtroom to reconsider the facts of your case. An appeal will only help you if the guess did non follow the law, or if y'all were prevented from properly exercising all your rights. Y'all have the burden of proving that the law was not followed or that your rights were violated before a confidence can be reversed on appeal.

If your example is appealed, the judge may allow your release on bail until a last conclusion is reached. The judge will only practise this if he or she believes y'all accept a good reason for highly-seasoned and believes you volition re-appear in court; however, you lot practice not have an automated right to bond when appealing. If yous wish to appeal your case, you should discuss this with your attorney as soon as possible considering the notice of appeal must exist filed by the 30th day later your sentence. In no event should you wait
more than 30 days before contacting your attorney.

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Source: https://pd10.org/what-to-expect/

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