Cook County Criminal Court hears all criminal cases in Cook County. Below you will find specific information about criminal cases and how they are handled in Cook County.
Jury by Trial Right
The US Constitution (Article 3 along with the 6th Amendment) ensures an accused defendant the right to a jury trial. This applies to crimes that have a $500 fine or a potential sentence of six months in jail (aka Serious Crimes). This right to trial by jury can also be waived by a defendant.
If guilty, who sentences the defendant?
If the defendant is found guilty after the trial, the defendent will be sentenced. In some cases, this can occur at the same hearing the defendant is found guilty in court, in other cases a separate hearing will be required. Often the prosecution will request a particular sentence for the defendant and the judge will determine whether to enforce this sentence or impose a different sentence for the defendant.
Cook County Criminal Court
What is Jury Deliberation?
After both the prosecution and defense have presented their cases, the judge in the case will provide instructions to the jury about what they must decide. The jury will be dismissed to the jury room where they will deliberate about the guilt or innocence of the defendant. After reaching a unaminous decision, they return their decision to the court where it is read aloud in the courtroom. If the jury is unable to reach a unaminous decision, the jury is deadlocked, also known as a hung jury, in which a mistrial will be declared.
Right to an attorney
The US Constitution’s Sixth Amendment ensures the right to an attorney regardless of whether or not you can afford one. In Cook County a public defender will be appointed by the judge if you cannot afford private representation.
Cook County Required Court Appearances
In Cook County, there are both required and non-required court appearances for the defendant. At a required or mandatory appearance hearing, the defendant is required to appear in person before the court. Failing to appear at your required hearing may result in a bench warrant being issued for your arrest by the judge.
Burden of Proof
The burden of proof is always on the prosecution in a criminal trial. In other words, the prosecution has to prove beyond a reasonable doubt that the defendant committed the crime. The defense must only prove that there is a reasonable possibility that the defendant did NOT commit the crime. If the prosecution cannot prove that the defendant committed the crime beyond a reasonable doubt, the jury will be instructed to find the defendant not-guilty.
Cook County Criminal Court locations
Criminal proceedings take place in the Cook County Criminal Courts. A list of the criminal courts are located here.
Prosecutor in Cook County
In Cook County, the prosecutor is an attorney representing Cook County. In some cases, the prosecutor may actually represent Illinois. For the most part, the prosecutor in Cook County has discretion to both decide whether to file charges and also negotiate a potential plea deal with the defendant.
Appealing a guilty verdict
A defendant may appeal a guilty verdict to an appellate court. This is not a request to have another trial, but a request for an appellate court to review the case and determine that it was handled in a correct legal manner. There are a number of outcomes in an appeal including an upholding of the conviction, a finding that errors were made resulting in a retrial or resentencing or possibly a complete disimissal of all charges.
What happens in Cook County at an arraignment?
In Cook County the defendant is brought into court and informed by the judge of the charges that have been filed against them along with informing them of their rights. At this time, the defendant can plead guilty, not guilty or no contest. If the defendant pleads guilty or no contest, there will be no trial and the defendant may be sentenced immediately or at a later date. If the defendant pleads not guilty a trial date is set.
Where can I get help for my Cook County criminal case?
The 6th amendment of the United States Constitution provides a criminal defendant with the right to an attorney. As read in the miranda rights, this means that if a defendant cannot afford to hire a private attorney a legal attorney will be appointed to the defendant to represent him at no cost to the defendant. This is often a public defender. In addition, the court clerk for Cook County will also be able to provide general information about a specific criminal case. The clerk can only provide information and is not an attorney so they cannot provide legal advice, only a licensed attorney can provide legal advice about what the best options for are for your particular case.
Can I request a Plea Agreement?
In Cook County you may be able to enter into a plea agreement depending upon the severity of the charges. It is also dependant upon the prosecution willing to accept a plea agreement. You can ask your attorney to attempt to negotiate a plea agreement with the prosecution to avoid having a jury trial along with the potential for a more serious sentence. Approximately 9 out of 10 criminal cases usually end in a plea agreement.
Cook County Criminal Court Locations
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Cook County 1st Municipal District
Address: 50 West Washington Street, Suite 1303, Chicago, IL 60602
Phone: 312-603-6132 Fax: 312-603-4211 -
Cook County 1st Municipal District Criminal Department (Main Office)
Address: 50 West Washington Street, Room 1006, Chicago, IL 60602
Phone: 312-603-4641 Fax: 312-603-4722 -
Cook County 1st Municipal District Criminal Department (111th St. Branch)
Address: 737 East 111th Street, Chicago, IL 60628
Phone: 773-982-3035 -
Cook County 1st Municipal District Criminal Department (51st St. Branch)
Address: 155 West 51st Street, Chicago, IL 60609
Phone: 773-373-8877 -
Cook County 1st Municipal District Criminal Department (Belmont Ave. Branch)
Address: 2452 West Belmont Avenue, Chicago, IL 60618
Phone: 773-404-3304 -
Cook County 1st Municipal District Criminal Department (Flournoy St. Branch)
Address: 3150 West Flournoy Street, Chicago, IL 60612
Phone: 773-265-8915 -
Cook County 1st Municipal District Criminal Department (Grand Ave. Branch)
Address: 5555 West Grand Avenue, Chicago, IL 60639
Phone: 773-804-6101 -
Cook County 1st Municipal District Traffic Division
Address: 50 West Washington Street, Lower Level, Chicago, IL 60602
Phone: 312-603-2000 Fax: 312-603-2928 -
Cook County 2nd Municipal District
Address: 5600 Old Orchard Road, Room 136, Skokie, IL 60077
Phone: 847-470-7250 Fax: 847-470-5049 -
Cook County 3rd Municipal District
Address: 2121 Euclid Avenue, Room 121, Rolling Meadows, IL 60008
Phone: 847-818-3000 Fax: 847-818-2706 -
Cook County 4th Municipal District
Address: 1500 Maybrook Avenue, Room 236, Maywood, IL 60153
Phone: 708-865-6040 Fax: 708-865-4881 -
Cook County 5th Municipal District
Address: 10220 South 76th Avenue, Room 121, Bridgeview, IL 60455
Phone: 708-974-6500 Fax: 708-974-6384 -
Cook County 6th Municipal District
Address: 16501 South Kedzie Parkway, Room 119, Markham, IL 60428
Phone: 708-232-4551 Fax: 708-232-4682 -
Cook County Circuit Court – Chancery Division
Address: 50 West Washington Street, Room 802, Chicago, IL 60602
Phone: 312-603-5133 Fax: 312-603-3020 -
Cook County Circuit Court – Child Protection Division
Address: 2245 West Ogden Avenue, Room 13, Chicago, IL 60602
Phone: 312-433-6868 Fax: 312-433-4463 -
Cook County Circuit Court – Child Support Division
Address: 28 North Clark Street, Room 200, Chicago, IL 60602
Phone: 312-345-4125 Fax: 312-345-4035 -
Cook County Circuit Court – Civil Division
Address: 50 West Washington Street, Room 601, Chicago, IL 60602
Phone: 312-603-5116 Fax: 312-603-3330 -
Cook County Circuit Court – County Division
Address: 50 West Washington Street, Room 1202, Chicago, IL 60602
Phone: 312-603-5516 Fax: 312-603-3335 -
Cook County Circuit Court – Criminal Division
Address: 2650 South California Avenue, Room 526, Chicago, IL 60608
Phone: 773-674-3147 Fax: 773-674-4444 -
Cook County Circuit Court – Domestic Relations Division
Address: 50 West Washington Street, Room 802, Chicago, IL 60602
Phone: 312-603-6300 Fax: 312-603-6336 -
Cook County Circuit Court – Juvenile Justice Division
Address: 1100 South Hamilton Avenue, Room 13, Chicago, IL 60612
Phone: 312-433-4881 Fax: 312-433-6863 -
Cook County Circuit Court – Law Division
Address: 50 West Washington Street, Room 801, Chicago, IL 60602
Phone: 312-603-6930 Fax: 312-603-3348 -
Cook County Circuit Court – Probate Division
Address: 50 West Washington Street, Room 1202, Chicago, IL 60602
Phone: 312-603-6441 Fax: 312-603-5024 -
Cook County Domestic Violence Court
Address: 555 West Harrison Street, Chicago, IL 60607
Phone: 312-325-9500 -
Harvey Municipal Court
Address: 15320 Broadway Avenue, Harvey, IL 60426
Phone: 708-210-5330