Pre-Trial

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Pre-trial, it is important to preserve witnesses, make contemporaneous investigations, and, most importantly, file all necessary pre-trial motions. Pre-trial motions include, discovery, motion to dismiss, motion to suppress, motion to quash, and motions in limine, among others.

Pre-trial is also the appropriate time to pursue any offers from the State, and, in certain situations, request a Supreme Court Rule 402 Conference. A 402 conference allows the judge to hear, in chambers, the facts of your case including any basis for mitigation, and the judge indicates the resolution he or she feels would be appropriate if the defendant elected to plead guilty.

Robert M. Stephenson has obtained the dismissal or reduction of charges in several cases during pre-trial, including: the reduction of first-degree murder to second-degree murder, the dismissal of theft charges in two separate cases, the dismissal of Class 4 possession charges, and avoided convictions in countless other cases by obtaining supervision, TASC probation, or other disposition.

Trial

At trial, it is imperative to challenge the State's case every step of the way. An objection to the State’s evidence serves two purposes. First, it puts the trial judge on notice of the potential error in evidence. Second, it ensures that the issue is preserved in the record in case an appeal is necessary. You, with the advice of your attorney, must decide whether to testify in your own defense. That decision can depend on the outcome of pre-trial motions. Particularly, the motion in limine to prevent the State from using prior convictions, if any. Moreover, your lawyer must present a consistent version of the evidence to the jury.

Post-Trial

If there is conviction, there are several necessary steps to take. First, your lawyer must properly prepare for sentencing. This includes gathering witnesses to testify to mitigation, opposing the State's aggravating evidence, and contesting any sentence enhancement the State seeks. Second, all post-trial motions must be filed within in 30 days. Your motion for a new trial must include every issue you wish to preserve for appeal, and should include every issue that was the basis for an objection during trial. Similarly, after sentencing, your lawyer should research and present a motion to reconsider sentence, requesting the judge to reduce your sentence.

Chicago Defense Lawyer Robert M. Stephenson has the necessary experience, and skill, to represent you at trial. Call for a free consultation.

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