Criminal Law in Illinois

Felonies are the more serious category and carry possible sentences of more than one year in the Illinois Department of Corrections. Illinois classifies felonies as Class X (most serious), Class 1, Class 2, Class 3, or Class 4. Misdemeanors carry up to one year in county jail and are classified as Class A, Class B, or Class C. Petty offenses and business offenses are the least serious category and typically result only in fines.

No. Illinois abolished monetary cash bail on September 18, 2023, under the Pretrial Fairness Act — part of the Safety, Accountability, Fairness and Equity-Today Act (commonly called the SAFE-T Act). A judge now decides pretrial release or detention based on whether a person poses a real and present threat to safety or a flight risk, not on the ability to pay. Defendants who are ordered detained must be brought to trial within 90 days of the detention order.

The Fourth Amendment to the U.S. Constitution protects against unreasonable searches and seizures. Police generally need a valid warrant signed by a judge, your voluntary consent, or a recognized legal exception — such as an emergency — to search your property. Evidence obtained through an unlawful search may be suppressed, meaning the court excludes it from trial, through a pretrial motion filed by your attorney.

Under the Sixth Amendment to the U.S. Constitution, anyone charged with a crime who cannot afford a private lawyer has the right to a court-appointed attorney. In Illinois, the judge evaluates your income, the number of people you support, and your assets before appointing a public defender. The request is typically made at or before the arraignment, often by completing an Affidavit of Assets and Liabilities for the court.

An arraignment is the first formal court hearing after criminal charges are filed. The judge reads the charges aloud, the defendant enters an initial plea, and the court addresses pretrial release or detention conditions. For felonies in Illinois, an arraignment typically follows either a grand jury indictment or a preliminary hearing where a judge finds probable cause.

For most felonies, Illinois requires the prosecution to begin within three years of the offense. For most misdemeanors, the limit is 18 months. There is no time limit for murder, manslaughter, criminal sexual assault, and certain other serious offenses — those can be charged at any time. The exact period depends on the specific charge under the Illinois Criminal Code of 2012 (720 Illinois Compiled Statutes 5/).

A defendant has the right to appeal a conviction to the Illinois Appellate Court. A notice of appeal must be filed within 30 days of the sentencing order. Defendants who cannot afford a private appellate attorney may qualify for free representation through the Office of the State Appellate Defender. A separate post-conviction petition can raise constitutional claims not fully addressed on direct appeal and must generally be filed within three years of conviction.