If I'm Arrested...
IF I AM ARRESTED WILL I HAVE TO GO TO COURT?
This is where it gets tricky. Just because a person is ARRESTED does not necessarily mean they will ultimately be charged with a crime. It is up to the State Attorney, who performs their own investigation, to decide if a charge gets filed. If you hire an attorney, before the State Attorney files the charge, the attorney you hire should, or will, negotiate with the State Attorney to attempt to get your charges reduced or even dropped. THIS IS VERY IMPORTANT – CALL AN ATTORNEY AS SOON AS YOU ARE ARRESTED OR THINK YOU MIGHT BE.
Sometimes no one is arrested for a crime and the state attorney files an information (charging document) based on reports from the police, interviews with witnesses, or other evidence. if that is the case, whoever is charged with the crime through the information will then have an arrest warrant out for their arrest.
!!!!!IF YOU ARE CONSIDERING TURNING YOURSELF IN ON A WARRANT, CALL US FIRST!!!!!
After the State Attorney files a charge (called an Information), the Defendant can Demand Discovery.
Discovery is any and all evidence the police or the State Attorney has to prove the case against the Defendant. That means, names of witnesses, police reports, any video or audio recordings, photographs, fingerprints or anything else they may have.