Charged with a crime in Illinois
After the arrest comes the court case. Here is what happens at the first court date, how long the State has to bring you to trial, and the limits on a misdemeanor sentence.
Published · Updated
General information about Illinois law as of October 23, 2026. It is not legal advice for your situation, and reading it does not create an attorney-client relationship.
What happens at a first court date in Winnebago County?
In the courtroom named on your papers, the judge tells you the charge and gives you a copy, tells you of your right to a lawyer and appoints a public defender if you cannot afford one, schedules a preliminary hearing where one applies, and decides pretrial release (725 ILCS 5/109-1). Bring every paper you were given.
How long does the State have to bring me to trial?
If you are in custody, 120 days from the day you were taken into custody. If you are on pretrial release, 160 days from the day you demand trial. Delay you cause does not count, and while you are in custody a delay counts as agreed to unless you object with a demand for trial (725 ILCS 5/103-5).
How much jail time is a misdemeanor in Illinois?
For a Class A misdemeanor, a jail sentence is less than one year, probation or conditional discharge is up to 2 years, and the fine can be up to $2,500 per offense, or more where the offense sets a higher amount (730 ILCS 5/5-4.5-55). Those are the limits the law allows, not a forecast for any one case.
Do I get a jury trial?
The Illinois Constitution says “The right of trial by jury as heretofore enjoyed shall remain inviolate” (Ill. Const. art. I, sec. 13). Whether to ask for a jury or a judge is a choice you make with your lawyer, once you both know the evidence.
When to call Rick
Call Rick before your first court date. He handles criminal charges in Rockford, Loves Park and across Winnebago County. Call (815) 986-1569.
Before you sign, plead or pay, talk with Rick.
Call (815) 986-1569, or email [email protected] and say how you would like to be reached.
Please keep the details of your case for the call.