In the event that you have been charged with the commission of a crime, it will be alleged as a violation of a Federal law, State law, or a local law such as a County or Municipal ordinance. As is true in most but not all cases, it is likely that upon your arrest you were fingerprinted and/or photographed, and, accordingly, arrest and identification records regarding the incident have been generated and will be maintained by the Federal Bureau of Identification, the Illinois Bureau of Identification, and the arresting agency. As is also true in most cases, it is likely that you have since posted the applicable bond and been released from custody during the pendancy of the cause, or that you have been released on your own recognizance.
Upon your release from custody, you were provided with important documentation from the arresting agency. In most cases, you were provided with a bail/bond agreement which places you on notice of the terms and conditions of your release from custody during the pendancy of the cause. It is imperative that you comply with those terms and conditions, for if it is proven that you have violated any condition of your bail/bond agreement, your bond may be revoked and you may be held in custody until the conclusion of the cause. Rather, if you find a need to expand the conditions of your release, Paul will take the appropriate steps to move the court for the entry of an order to meet your needs in that regard.
The bail/bond agreement will also often times set forth the first scheduled court date, time, courtroom, and court location for the cause. In the event that you were released from custody without the issuance of a bail/bond agreement, then it is likely that you will be notified of information regarding your first scheduled court proceeding by mail directed to your attention by the Office of the Clerk of the applicable Circuit Court. Using our links page, you may also make an inquiry regarding your case with the applicable Circuit Court Clerk.
Among the important documentation, the arresting agency may have also provided you with a copy of the Complaint against you. The Complaint is the formal charging instrument which sets forth the specific allegations against you, the date and time of the alleged offense, and the statutory provision which you are alleged to have violated. The statute alleged to have been violated will dictate the class of the alleged offense, whether it is a petty or business offense punishable by fine only, or a misdemeanor or felony offense, some of which carry mandatory minimum sentencing provisions. Paul will make sure that you are fully aware of your exposure based upon the nature of the offense charged.
The first scheduled court date in most cases is for the purpose of arraignment only and not for trial. At the arraignment you will be asked to enter your plea to the charge against you. In the vast majority of cases, you will enter your plea of not guilty, the matter will be continued for an interim court date, and the discovery process will begin. Often times, some discovery material, typically police reports at a minimum, will be provided to Paul by the prosecution at that first court date. Paul will thereafter collect all discoverable evidence from the prosecution and will often times move the court to order supplemental discovery or issue subpoenas to preserve and produce all material he deems necessary for your defense. Once that material has been obtained, you and Paul will review it together, and you will be able to more intelligently discuss your alternatives toward a prompt resolution of your case.
EXPUNGEMENT OR SEALING OF CRIMINAL ARREST, IDENTIFICATION AND CIRCUIT COURT RECORDS:
It has become increasingly important in recent years to have a clear criminal history as prospective employers have more often included a review of the criminal history of applicants in their hiring process. If you have a previous police contact, arrest, or criminal or traffic proceeding that you believe is a blemish on your criminal history, contact Paul in order to determine whether you are elligible to petition the court for the issuance of an order that the records be expunged or sealed from dissemination to the public.
Felony Offenses, Misdemeanor Offenses, and County or Municipal Ordinance Violations
Copyright 2013: Law Offices Of Paul P. Moreschi, P.C. | DuPage County Criminal Defense attorney | All rights reserved.
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CONTACT US FOR YOUR
Send us your question online using the form above, or send us documentation regarding your case:
or facsimile at (630) 705-0051
or call us at (630) 705-0050
remembering to include a cover sheet with your contact infromation.
PAUL P. MORESCHI, P.C.
Former Investigator General of the DuPage County Ethics Commission
1S450 Summit Avenue, Suite 140
Oakbrook Terrace, IL 60181
Phone: (630) 705-0050
Facsmile: (630) 705-0051