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A crime
occurs.
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A victim or
witness informs the police department.
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The police
department conducts an investigation.
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If there is
probable cause and a suspect is identified, an arrest is made.
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In the case
of a misdemeanor crime, the police prepare a complaint charging
the suspect with the appropriate crime.
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If the crime
is a felony, the police contact the State's Attorney's Office.
Details of the case are reviewed by the screening attorney who
decides on what charges will be filed against the alleged
offender.
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A bond
hearing is held within 48 hours of an arrest where a Bond Court
Judge sets the bond amount. The bond is used as means to ensure
the defendant's appearance at court, not as a form of
punishment.
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The case is
assigned to a courtroom and an Assistant State's Attorney.
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If the crime
is a felony, a preliminary hearing or a Grand Jury proceeding is
held to determine if a crime has been committed and there is
reasonable grounds to believe the alleged offender committed the
crime.
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An
arraignment is held at which time the defendant is formally
charged with the crime and a judge informs the defendant of
Constitutional rights.
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The case
enters the discovery phase where both the assigned Assistant
State's Attorney and the defense attorney collect evidence and
prepare for trial. Police reports, medical examiner reports, lab
results, fingerprint tests, gunpowder tests, blood samples,
hospital reports, photographs and other evidence is collected
and reviewed.
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A series of
court dates are set by a judge in order to determine that the
case progresses in a timely fashion. Examples of these
preliminary court dates are for discovery orders (exchange of
investigative reports), pretrial motions, hearings, etc.
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A trial date
is set by the judge.
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The Assistant
State's Attorney prepares the case for trial by contacting
expert witnesses and interviewing all witnesses.
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The defendant
has the option whether to have a bench trial (without a jury),
or a jury trial.
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If the
defendant is found guilty, the judge orders a Pre-Sentence
Report by the Probation Department and a sentencing hearing is
scheduled. A Pre-Sentence Report details the specifics of the
crime, gives a background history of the defendant and if
requested by the judge makes a sentencing recommendation.
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At the
sentencing hearing the Assistant State's Attorney argues for an
appropriate sentence and may introduce evidence of past criminal
involvement. The Assistant State's Attorney may ask a victim to
read a Victim Impact Statement detailing how this crime affected
the individual. The defense will argue for what they believe is
an appropriate sentence and may introduce evidence in
mitigation. After arguments, the judge determines the sentence.