Collinsville Felony Process

Because felonies are the most serious type of crime, anyone arrested for a felony in Collinsville must follow a specific criminal justice procedure that is different than that for less serious crimes. For more details about felonies and the felony process, speak with a criminal defense law firm.

Bond Court

During a bond hearing, it is decided how much money you must post to be released from jail. At this point, criminal charges are pending and your guilt or innocence of the alleged crime is not addressed. Your attorney presents a summary of your personal history and a prosecutor tells the judge of your charges and criminal history. Based on this information, the judge sets bond. Bond requires you attend all future court dates related to the case.

Probable cause determination

Felony charges are reviewed to determine whether or not there is probable cause to believe you committed the alleged crime. This decision is made either by a judge at a preliminary hearing or by the Grand Jury during the indictment process. You and your attorney are allowed to be present at a preliminary hearing, but not a Grand Jury indictment.

Pre-trial

The process of discovery takes place, during which information is exchanged upon request between defense lawyers and the prosecution. Attorneys may also perform additional investigations, gather and review records and evidence, and subpoena witnesses.

Plea bargain

At this stage you decide whether to plead guilty or not guilty. Your lawyer negotiates with the prosecutor to try and settle the case and obtain a favorable sentence. You may receive several sentencing offers from the State which you can choose to accept or not accept. Sentence offers are also subject to judicial approval. If a sentence is not agreed upon, the case proceeds to trial.

Trial

You will choose between a bench trial, where your guilt or innocence is decided by a judge, or a jury trial, where 12 community members must unanimously agree on your guilt. The prosecution and defense each present evidence and argue the case. If you are found guilty, a judge decides sentencing.

Appeal

If found guilty, you have the right to appeal the conviction. If the Appellate Court finds any mistakes in the original trial, it may overturn your conviction or schedule a new trial.

Hire a dedicated Collinsville criminal defense attorney

Experienced, dedicated criminal defense lawyers can make the difference between you being found guilty or not guilty of a felony. Lyndon P. Evanko has operated his Collinsville criminal defense law firm for 14 years. In that time he has developed the knowledge and experience to handle all criminal cases. He knows how to investigate a case and is familiar with local prosecutors, judges and juries, giving him an edge in defending even the toughest felonies. If you face felony charges, contact Lyndon P. Evanko, P.C., today for a free consultation.