Criminal Process

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Illinois Criminal Law Attorneys

The criminal defense lawyers at Brucar & Yetter can explain how your case will progress through the entire criminal process. We will walk with you through the process, advising you about your rights and best options and aggressively defending your best interests.

To learn more about how your case will be handled, please read about the process below or e-mail our criminal defense lawyers directly.

Arrest and Bond Hearing

After an arrest, bond is the first thing to be addressed. If you do not bond out from the police station, you will be taken to court where a bond hearing before a judge takes place to determine your bail amount. Special rules are followed in domestic battery cases, drug arrests, and violent crimes like aggravated battery and murder. There are limits to the number of times bond can be contested and the defense of your case is part of the hearing. You should always have an attorney at your bond hearing to make sure your bond is not excessive.

Being Charged

In Illinois, a misdemeanor is charged by information contained in a complaint. A felony arrest can lead to charges being filed in one of two ways, either by a grand jury returning an indictment or a judge ruling there is sufficient evidence to charge after preliminary hearing. It is important to have an attorney for a preliminary hearing to ensure that no evidence is presented which should not be considered at this stage. We have handled hundreds of these hearings with a very high success rate.

Arraignment

Arraignment is the first court appearance after you are formally charged with a crime. It is the time you are advised of the case against you and the potential punishments. A plea of not-guilty is usually made.

Discovery

Discovery, or disclosure, is the process where the prosecutor and the defendant exchange information. It must be handled carefully to ensure that all of the evidence is disclosed to the defendant, including things that help the defendant's case. This process has become more complicated with the increase in scientific evidence and videos in each case. The defense attorneys at Brucar & Yetter are experienced enough to make sure that all favorable evidence comes out and that no evidence, like videos or DNA samples, are destroyed.

Negotiations

Negotiation is a time when the right lawyer can make a huge difference in your case. A good negotiation comes from strength behind your position. Our strength is a willingness to go to trial, and that is well known among local prosecutors. Our reputation for trying cases and winning gives all of our clients an edge in negotiations. Our knowledge of diversionary sentences and alternatives to convictions and jail further enhances the strength of your bargaining position.

Pre-Trial Motions

Part of winning at trial is keeping out evidence which is improper or illegal. Over the years, we have won motions to exclude evidence, limit the state's case, and have our client's arrests declared illegal. We have won these motions in minor offenses and major felonies. No case is too large or small to get the best defense.

Trial

Our trial experience is unmatched. We have tried hundreds of felony and misdemeanors to not-guilty verdicts. Our success and experience with the use of scientific evidence has gained us a reputation as preeminent trial lawyers, and the Illinois Supreme Court has recognized this in issuing certification as Death Penalty Qualified Counsel. Very few lawyers have this qualification because only experience can achieve it.

Sentencing

Sentencing has become complicated in Illinois. Almost every crime now has factors which can make it a felony. Our experience with the Illinois sentencing code and the federal sentencing guidelines is unparalleled, and this knowledge can make all the difference. Less experienced attorneys can fall into traps laid by the system, making the sentence their clients receive more than that of a defendant who has experienced counsel like the lawyers at Brucar & Yetter.

Criminal Appeals

Brucar & Yetter also handles post trial motions, post conviction petitions, and appeals on cases handled by other attorneys. We have been successful in all types of criminal appeals and have handled cases in state and federal courts of appeal including the Illinois Supreme Court and the United States Supreme Court.