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Scott Ealy’s
Guide to Daily Court
In Effingham County, Illinois |
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FIRST COURT APPEARANCE? |
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Usually, during a person’s first appearance with counsel, one of several things will happen.
Generally speaking:
1. When a defendant is charged with a (major) felony offense, the defendant appears and then the matter is scheduled for a preliminary hearing, at which time the government must provide - by way of one or more witnesses - limited “probable cause” evidence to the effect that the defendant has committed a felony offense. [In some cases, the prosecution eliminates the preliminary hearing process by convening a grand jury, which meets secretly and may “indict” the defendant].
2. When a defendant is charged with a misdemeanor (any crime punishable by a maximum sentence of less than one year in jail) defense counsel usually will advise the judge that his client waives “formal arraignment.” This means that the judge will not be required to read all of the charges against the defendant in detail and then explain the defendant’s primary legal rights and the maximum possible penalties that could be applied upon conviction.
Next, the attorney - on behalf of his client - will either . . .
A. Announce a plea of “not guilty.” [This is standard procedure and expected when defense counsel and the defendant have not yet seen all of the evidence, police reports, etc. The “not guilty” plea doesn’t necessarily equal a statement of “I didn’t do it.” Rather, what the “not guilty” plea really means is this: “I’m not ready to make any decisions yet.” Defense counsel merely preserves all of the defendant’s major rights, such as the right to trial by jury]. After the “not guilty” plea is entered, the judge normally will enter a scheduling order that provides for a pre-trial (possible plea bargain) hearing date and a jury trial setting; or
B. Enter into a plea of “guilty” and proceed to a sentencing hearing - or, in the case of a felony offense, a pre-sentence investigation will be ordered and a sentencing date will be scheduled for a later date; or
C. Enter into a negotiated plea (or “plea bargain”) with the prosecutor. The judge then will consider whether to accept the terms that have been presented. Remember, the negotiation process never is complete until the terms of a plea have been presented and approved by a judge in court. |
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Usual Maximum Possible Criminal Penalties |
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Type of Charge
CLASS X FELONY
CLASS 1 FELONY
CLASS 2 FELONY
CLASS 3 FELONY
CLASS 4 FELONY
CLASS A MISDEMEANOR
CLASS B MISDEMEANOR
CLASS C MISDEMEANOR
PETTY OFFENSE |
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Maximum Incarceration
6 - 30 Years In Prison
4 - 15 Years In Prison
3 - 7 Years In Prison
2 - 5 Years In Prison
1 - 3 Years In Prison
1 Year In Jail
6 Months In Jail
30 Days In Jail
No Jail Time |
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Maximum Fine
$ 25,000.00-dollars
$ 25,000.00-dollars
$ 25,000.00-dollars
$ 25,000.00-dollars
$ 25,000.00-dollars
$ 2,500.00-dollars
$ 1,500.00-dollars
$ 1,500.00-dollars
$ 1,000.00-dollars |
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NOTE: Some criminal court defendants may be eligible for “extended” term sentencing due to criminal histories and / or the heinous nature of a particular charged act. |
