Cook County Criminal Court handles all criminal cases that are filed in Cook County. See below for more information about criminal cases in Cook County.
What is the Burden of Proof?
The term “Burden of Proof” means that the prosecutor is required to prove the guilt of the defendant beyond a reasonable doubt. If the prosecutor cannot provide proof of the defendants guilt, then the judge or jury in a trial must find the defendant not guilty. In the United States the principle innocent until proven guilty derives from this that the defendant is assumed innocent and the prosecution has the burden of proving beyond a reasonable doubt that the defendant is guilty.
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 Criminal Court
Right to Jury Trial
For “Serious Crimes”, those that can have a potential penalty of 6 months in jail OR a minimum $500 penalty, the US Constitution guarantees a right to trial by jury. This is guaranteed by Article III of the Constitution and the 6th Amendment. The accused has the ability to waive their right to trial by jury.
Cook County Criminal Court locations
Criminal proceedings take place in the Cook County Criminal Courts. A list of the criminal courts are located here.
Jury Deliberations in Cook County
In Cook County, jury deliberations will take place in a jury trial after the prosecution and defense have presented their cases and rested. At this point, the judge will provide a list of instructions to the jury about what they are allowed and not allowed to do and what verdict options are available for them to decide. The jury will be sent to a private room to discuss the evidence presented in the case and attempt to reach a unaminous decision. When a unaminous decision is reached, the jury will inform the judge that they have reached a verdict and will return to the courtroom for the verdict to be read allowed. In the event that the jury cannot reach a unanimous verdict, the jury results in a deadlock and a mistrial is declared.
Mandatory Appearances in Cook County Criminal Court
At a mandatory or required court appearance in Cook County, the defendant must appear before the court. In the event of a “Failure to Appear” the judge may issue a warrant for the arrest of the defendant. Note: not all criminal hearings are mandatory, in a non-mandatory hearing an attorney may appear on your behalf without you being in court.
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.
I need help for my Cook County criminal case
The best place to get information about your criminal case is from an attorney. If you cannot afford an attorney, the court will appoint one to represent you which will assist in your case. For general information about your case the Cook County court clerk is able to provide general information about your specific case (e.g. date/time hearings, mandatory appearance, what will take place and what you will be required to do). The court clerk for Cook County will NOT be able to provide legal advice for your case, only an attorney can provide legal advice. The court clerk can provide legal information (like the information found on this website) about your case but cannot provide advice about what you should do in your legal manner.
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.
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.
Prosecutor in Cook County
In Cook County, the prosecutor is an attorney representing Cook County. In some cases, the prosecutor may actually represent Minnesota. 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.
Cook County Criminal Court Location
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Cook County District Court
Address: 411 West 2nd Street, Grand Marais, MN 55604
Phone: 218-387-3610 Fax: 218-387-3007