Whether you are charged with the offense of disorderly conduct or cannabis possession ( at least Class C misdemeanors), domestic battery or retail theft (at least class A misdemeanors), or possession of a controlled substance, ranging from Class 4 to a Class X felony, it is imperative that your defense attorney is verse in the rules of criminal procedure. No matter what the criminal charge is, the rules of criminal procedure for all criminal cases are the same (with slight differences between misdemeanor and felony cases).
You have the right to remain silent when detained and questioned by the police. Other than stating your name and proving your identity, you have no obligation to assist law enforcement in gathering evidence. Statements that you make, particularly an admission to having committed a crime, can and will be used against you at trial.
There are various stages to defending against criminal charges.
A court of law is no place for surprises. You have the right to review all of the evidence and information the prosecution has against you, including police reports, video and audio recordings, names of witnesses who plan to testify against you, laboratory reports, etc. You criminal defense attorney, will file a motion for discovery and a bill of particulars.
You have the right to challenge the nature of your arrest. The police may not randomly detain individuals and check if a crime has been committed. An officer must have reasonable grounds and probable cause to detain you and make an arrest. For example, in a traffic stop for a common moving violation, such as speeding, an officer may not search your car for narcotics, weapons, or open bottles of alcohol, unless there is something in plain view of the officer, such as syringes, bags of white powder, drug paraphernalia, boxes of ammunition, a smell of cannabis, or open bottles of alcohol. Your defense attorney will file a motion to quash the arrest, suppress evidence, and a motion in limine. You are entitled to a probably cause hearing in many felony cases, where the judge will hear the facts and will decide if there was probably cause for the officer to detain you.
After prevailing on a motion to quash the arrest and to suppress evidence, the prosecution will most likely nolle proseque the charges. In other words, the case will be dismissed.
If, however, the judge finds that there existed reasonable grounds for the officer to make the arrest, your case may proceed to trial. You are presumed innocent until proven guilty. You have no duty to prove your innocence. In fact, you have the right to remain silent and not testify at trial. The prosecution has the burden of proving your guilt beyond a reasonable doubt. You are entitled to a jury trial by law, where a panel of selected citizens hear the facts of the case and must carry out a guilty verdict unanimously. You may also waive your right to a jury trial and let the judge make a finding.
Igor Gromov has taken many criminal cases to trial and has been successful in obtaining a "not guilty" for his clients.
Not all cases go to trial. Sometimes it is in the best interest of the defendant to work out a plea bargain arrangement with the prosecution. Such a situation occurrs when the evidence against a defendant is overwhelming and clear-cut, and there is little to no possibility to prevail at trial. Igor Gromov will conduct an in-chambers conference with the judge and the State's attorney to present you in the best possible light to negotiate reduced charges and the most lenient sentence available, in most instances court supervision with no jail time.
Igor Gromov will aggresively defend your rights under the Illinois Code of Criminal Procedure. Call Gromov Law Offices at (847) 845-1779 for a free evaluation of your case.