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Criminal litigation covers the process that follows when someone is accused of a crime - from investigation and arrest through arraignment, pre-trial procedures, trial, sentencing and any appeals. In Wheaton, United States, the criminal process is driven by state law, county prosecutors and local courts. Most criminal cases begin with a police investigation and can range from minor ordinance violations and traffic offenses to misdemeanors and felonies.
This guide focuses primarily on practical information for people in Wheaton, Illinois, which is located in DuPage County, because it is the most commonly referenced Wheaton. If you are in a different Wheaton, confirm your county and state so you can use the correct local resources and rules. This guide is informational and not a substitute for legal advice from a licensed attorney.
A lawyer experienced in criminal litigation can protect your rights, explain the charges and possible outcomes, and help you make informed decisions at each stage. Common situations where you may need a criminal defense lawyer include:
- Arrest or detention for any alleged criminal offense, including DUI and driving-related crimes.
- Criminal charges for theft, assault, domestic violence, drug possession or distribution.
- Warrants for arrest or failure to appear in court.
- Probation or parole violations.
- Juvenile charges involving minors.
- Allegations that could lead to deportation or immigration consequences.
- Complex white-collar or regulatory matters such as fraud, embezzlement or serious licensing consequences.
- Cases where you are offered a plea deal and need advice on whether to accept or to proceed to trial.
- Situations where your record may be eligible for expungement or sealing after case resolution.
Key aspects of local law and procedure relevant to criminal litigation in Wheaton, Illinois include the following points. If you are in Wheaton located in another state, the local prosecuting offices and court names will differ and you should locate your county offices.
- Jurisdiction and Courts - Criminal charges in Wheaton, Illinois are typically prosecuted in DuPage County. The 18th Judicial Circuit Court of Illinois handles felony and many misdemeanor cases and has multiple divisions for criminal matters. Initial appearances and some lower-level matters may also be heard in district or misdemeanor courts depending on the charge.
- Prosecutors - The DuPage County State's Attorney prosecutes criminal matters on behalf of the people. The State's Attorney decides whether to file charges, what charges to file and what plea offers to extend.
- Local Law Enforcement - The Wheaton Police Department investigates many local crimes. Other agencies such as the Illinois State Police, county sheriff and federal law enforcement may handle specific cases.
- Criminal Offenses and Penalties - Illinois state statutes define criminal offenses, penalties and sentencing ranges. Crimes are commonly classified as traffic infractions, ordinance violations, misdemeanors and felonies. Felony convictions carry more serious penalties including longer jail or prison terms, higher fines and greater collateral consequences.
- Driving Under the Influence - Illinois has implied-consent laws and administrative actions relating to driver’s licenses. Criminal DUI charges proceed separately in court, and administrative license suspensions are handled through the Illinois Secretary of State processes.
- Pre-trial and Bond - After arrest, individuals typically have a bond or bond hearing to determine release conditions. The courts consider public safety, flight risk and criminal history when setting bond or release conditions.
- Diversion and Specialty Courts - DuPage County and surrounding jurisdictions may offer diversion programs, drug court or mental health court for eligible defendants. These programs emphasize treatment and rehabilitation and often lead to reduced or dismissed charges upon successful completion.
- Sentencing and Probation - Sentences may include fines, jail or prison, probation, community service and court-ordered treatment. Probation violations can lead to revocation and more severe penalties.
- Juvenile Proceedings - Juvenile defendants are processed in separate juvenile court systems with different goals, procedures and records handling. Juvenile records may be eligible for sealing under certain conditions.
- Record Sealing and Expungement - Illinois law provides mechanisms to seal or expunge certain records following dismissal, acquittal or successful completion of court requirements. Eligibility depends on the offense, disposition and time elapsed since resolution.
Remain calm and be polite. You have the right to remain silent - you can say that you wish to remain silent and that you want to speak with an attorney. Provide identification if required. Do not resist arrest. After release or booking, contact an attorney as soon as possible to protect your rights and discuss next steps.
Look for attorneys who practice criminal defense in DuPage County or your specific county. Ask for recommendations, check local bar association referral services, review attorney profiles and read client reviews. For an initial consultation, ask about the lawyer's experience with cases like yours, likely strategies and fees. Many attorneys offer a brief initial consultation.
Yes. If you are charged with a crime and cannot afford a private attorney, you may apply for a public defender or court-appointed counsel. The court will review your financial situation and determine eligibility. Public defenders handle many cases and are experienced in the local courts.
At arraignment you will be formally read the charges and asked to enter a plea - guilty, not guilty or no contest - and the court will set conditions of release and dates for future hearings. It is often not advisable to plead guilty at arraignment without consulting an attorney.
In many cases you may be eligible for release on bail, bond or on your own recognizance. Bond may be cash, a surety bond or release on conditions. The judge will consider public safety, your ties to the community and the charge's seriousness when setting bond.
A plea bargain is an agreement between the prosecutor and defendant where the defendant pleads guilty to a lesser charge or receives a recommended sentence in exchange for avoiding trial. Whether to accept a plea depends on the strength of the evidence, potential sentence if convicted at trial, collateral consequences and your personal goals. Discuss all offers with your lawyer before deciding.
Case duration varies widely - from a few weeks for minor matters to many months or longer for complex felony cases. Factors that affect timing include investigations, discovery exchange, pre-trial motions, court schedules and whether the case goes to trial or resolves by plea.
Collateral consequences include loss of firearm rights, professional license implications, immigration consequences for non-citizens, difficulty finding employment or housing and enhanced penalties for repeat offenses. Discuss these with an attorney as they can be severe and long-lasting.
Juvenile records are treated differently from adult records. Illinois provides procedures for sealing or expunging juvenile records in many circumstances, especially where the juvenile completes court-ordered programs. Eligibility and process depend on specific case details and court orders.
Eligibility for expungement or sealing depends on the nature of the offense, the final disposition and how much time has passed. If eligible, you or your attorney must file a petition with the court and follow required procedures. Convictions for some serious offenses may not be eligible. An attorney can evaluate your situation and handle the filing.
Below are local organizations and governmental bodies that are commonly helpful for people facing criminal matters in Wheaton, Illinois. If you are in a different Wheaton, locate the corresponding county offices for similar resources.
- DuPage County State's Attorney - prosecutes criminal cases within DuPage County and provides public information on local practices.
- 18th Judicial Circuit Court - local criminal court handling felony and many misdemeanor matters in DuPage County. The court clerk's office can provide filing rules, hearing schedules and forms.
- Wheaton Police Department - local law enforcement agency with arrest and report information relevant to local cases.
- DuPage County Public Defender or appointed counsel office - provides defense representation for eligible individuals.
- Illinois State Bar Association and local bar associations - referral services to find qualified criminal defense attorneys.
- Illinois Legal Aid and court self-help centers - provide information on rights, procedures and forms for people who cannot afford private counsel.
- Illinois Secretary of State - handles administrative driver’s license matters, including suspensions that can occur after DUI arrests.
- Local reentry, treatment and diversion program providers - substance use treatment, mental health services and probation support programs can be part of court-ordered alternatives.
- For residents of Wheaton in Maryland, county counterparts include the Montgomery County State's Attorney, Montgomery County Circuit Court and Montgomery County Police Department, as local rules and procedures differ by state.
If you need legal assistance for a criminal matter in Wheaton, take these practical steps:
- Stay silent and request an attorney - during any police contact say that you wish to remain silent and that you want to speak with an attorney.
- Document everything - write down names, badge numbers, times, locations and any witnesses while memories are fresh.
- Seek counsel early - contact a criminal defense attorney promptly for an initial consultation to discuss charges, possible defenses and next steps.
- If you cannot afford a private lawyer, ask the court about public defender eligibility or court-appointed counsel at your first hearing.
- Preserve evidence - keep copies of any documents, photos, medical records or correspondence related to the case.
- Follow court orders - missing court dates or violating release conditions can lead to arrest and additional charges.
- Consider diversion or treatment programs - if eligible, these programs may reduce or dismiss charges and help address underlying issues.
- Prepare for collateral issues - consult an attorney about immigration, employment, licensing and record concerns that may follow a conviction.
If you are unsure where to begin, contact a local criminal defense attorney or your county bar association for a referral and ask for a clear explanation of fees, likely timelines and the lawyer’s experience handling cases in the local courts.
Note: This guide provides general information only and does not create an attorney-client relationship or replace individualized legal advice. For advice tailored to your situation, consult a licensed criminal defense attorney in your jurisdiction.
