Illinois Felony & Misdemeanor Defense

• Felony & Misdemeanor Defense
  • Criminal Codes
  • Attempt, Conspiracy, Aiding and Abetting
  • Offenses
  • Felonies
    • Crimes Causing Harm to Persons
      • Homicide and Suicide
      • Assault and Battery
      • Rape
      • Kidnapping
      • Intimidation
      • Stalking
      • Hate Crime
    • Federal Drug and Gun Laws
    • Crimes Causing Harm to Property
  • Defenses and Punishment
  • Misdemeanors
    • Crimes Causing Harm to Property
    • Civil Rights Crimes
    • Sex Crimes
  • Alcohol and Drug-Related Traffic Offenses
  • Juveniles and the Law
  • Crime Victims' Rights
  • Resources

The most significant distinction between the juvenile court system and adult criminal courts is in courtroom procedures. Juvenile courts generally are less formal than other courts. For example, minors being adjudicated or giving courtroom testimony in some cases can have a supportive person present during their testimony. Juvenile cases are heard in an adjudication hearing by a judge who determines the guilt or innocence of a minor accused of committing a delinquent act. Sometimes these hearings are closed to the public. Records made by law enforcement officers about delinquent minors must be kept confidential and separate from other arrest records. Under certain circumstances, records from juvenile court may be used in other legal proceedings, depending on the seriousness of the offense.

Illinois has strict laws that seek to address juvenile gang violence. When the state seeks to try a violent juvenile delinquent on criminal charges, it may include in its petition evidence that the criminal activity was gang-related, and the judge may consider this evidence and order the minor tried as an adult. For example, if a 16-year-old minor allegedly committed a forcible felony that was part of criminal gang activity, and the minor already was declared a juvenile delinquent, the judge will order the case to be heard in criminal court.

Some crime victims also have a right to compensation for the crimes committed against them. This means that a crime victim may receive compensation for certain expenses or losses such as medical expenses or loss of support if the crime victim becomes unable to support dependents. There are requirements that must be met for a victim to get reimbursement, and a victim must file an application for consideration with the Illinois Court of Claims for compensation. The maximum amount a victim can receive from the Court of Claims is $25,000.

Under some Illinois laws, the victim may receive compensation from the person who committed the crime. This is called restitution. For example, a person whose vehicle is stolen may be able to receive compensation for the vehicle. In this case, the state arranges to collect the money from the criminal and sends a check to the victim when all the restitution has been made.

If the court does not order restitution, or if a prosecutor does not press charges, the victim still has the option to seek compensation directly by suing the offender in civil court.

National Coalition Against Sexual Assault, P.O. Box 21378, Washington, D.C. 20009, phone: (202) 483-7165.

National Organization for Victim Assistance, 1757 Park Road NW, Washington, D.C. 20010, phone: (202) 232-6682.

To obtain the free pamphlet, Your Rights if Arrested, contact the Illinois State Bar Association, Illinois Bar Center, Springfield, IL 62701-1779, phone: (217) 525-1760.

Crime victims who wish to apply for compensation should apply to the Illinois Court of Claims, Capitol Building, Room 213, Springfield, IL 62756, phone: (217) 782-7101.

Mothers Against Drunk Driving (MADD). Call 1-800-GET-MADD for information about local MADD chapters.

Secretary of State, Traffic Safety Division, 2701 Dirksen Parkway South, Springfield, IL 62723, phone: (217) 785-1444, TTY: (800) 252-2904. Contact the Traffic Safety Division to order the free pamphlet, DUI Law: Making Progress, Getting Results or the free booklet, DUI 1994 Fact Book.