Criminal Law FAQs

A criminal defense attorney investigates the charges, analyzes evidence, identifies constitutional violations, files pre-trial motions, negotiates with prosecutors, and represents you at hearings and trial.

When to call: the moment you think you might be in legal trouble — not after you've talked to police, not after the arraignment, not after you've signed a plea agreement you didn't understand.

✓ Evidence deteriorates fast. Video gets overwritten. The days immediately after an incident are the most critical window for building a defense.

Misdemeanors are punishable by sentences in county jail:
Class A: up to 364 days ($2,500 fine)
Class B: up to 180 days ($1,500 fine)
Class C: up to 30 days ($1,500 fine)

Felonies are punishable by sentences in the Illinois Department of Corrections:
Class 4: 1–3 years
Class 3: 2–5 years
Class 2: 3–7 years
Class 1: 4–15 years
Class X: 6–30 years (non-probationable)
Murder: up to natural life

Reference: 730 ILCS 5/5-4.5 — Illinois unified code of corrections establishing sentencing ranges by felony and misdemeanor class.

Arrest & booking: Taken into custody, processed, and held for a pretrial detention or release hearing — typically within 24–48 hours.
Pretrial hearing: Under the SAFE-T Act's Pretrial Fairness Act, Illinois no longer uses cash bail. The judge determines detention until resolution of the case, or release on conditions.
Arraignment: Formally read the charges, enter not guilty plea.
Preliminary hearing (felonies): State must show probable cause. If it can't, the case is dismissed.
Discovery: Both sides exchange evidence — police reports, lab results, video, witness statements.
Pre-trial motions: Attorney files motions to suppress evidence, dismiss charges, or resolve legal issues.
Plea negotiations: Most cases resolve here.
Trial: Bench or jury. State must prove guilt beyond a reasonable doubt.
Sentencing: If convicted, judge imposes sentence within statutory ranges.

No. Full stop. The Fifth Amendment protects you from compelled self-incrimination. Invoke your rights clearly: "I am invoking my right to remain silent and I want an attorney." Say it clearly, say it once, and stop talking.

✓ Innocent people confess. Police are trained interrogators. The right to remain silent exists for a reason. Use it.

You have the right to:
- Remain silent
- An attorney (appointed if you cannot afford one)
- A prompt pretrial hearing within 24–48 hours where a judge determines detention or release on conditions
- Know the charges against you
- Be presumed innocent
- A speedy trial

Reference: 725 ILCS 5/103-5 — Illinois speedy trial statute: 120 days if in custody, 160 days if released on conditions and you demand trial.

Missing a court date in Illinois triggers an automatic warrant for your arrest and return to custody. Under the SAFE-T Act, there is no cash bond to forfeit — but the court will issue a warrant and you will be taken into custody when located.
Violating conditions of release — drug use, new criminal contact, leaving the state without permission, contact with a protected party — can result in those conditions being revoked and detention ordered pending trial. The judge may also impose more restrictive conditions upon any reinstatement of release.

✓ A missed court date can turn a manageable case into a much more serious one. Contact an attorney the same day.

Illinois eliminated cash bail effective September 18, 2023, under the Pretrial Fairness Act (part of the SAFE-T Act). There is no longer a cash bond system in Illinois. The only two outcomes at a pretrial hearing are: detention until the case is resolved, or release on conditions.

For most offenses, defendants are released on conditions tailored to the individual and the nature of the charge — which may include check-ins with pretrial services, travel restrictions, no-contact orders, electronic monitoring, or other requirements determined by the court.

For offenses where the State seeks detention — murder, certain sex offenses, domestic violence with specific findings, repeat offenders, and others — the State must prove by clear and convincing evidence at a detention hearing that no conditions of release can reasonably ensure public safety or the defendant's appearance in court.

If you or a family member has been detained, a defense attorney can argue for release conditions at the detention hearing or seek reconsideration based on changed circumstances. How the SAFE-T Act is being applied in Sangamon County courts continues to evolve, and having an attorney familiar with local practice matters.

Expungement physically destroys the record. Available for arrests without conviction, court supervision completions for most eligible offenses, and certain qualified probations.

Note: DUI court supervision is specifically excluded by statute — it cannot be expunged in Illinois.

Sealing hides the record from public view but it still exists for law enforcement and certain licensing boards. Available for a broader range including many misdemeanor and some felony convictions after required waiting periods.

Cannot be expunged or sealed: DUI convictions, most sex offenses, domestic violence convictions involving household members, and certain violent felonies.

Reference: 20 ILCS 2630/5.2 — The Illinois statute governing expungement and sealing of criminal records.

A plea bargain is an agreement to plead guilty to reduced charges or a lighter sentence. Most Illinois criminal cases resolve through plea agreements.

Whether to consider a plea depends entirely on the strength of the State's case and what the deal actually offers. I evaluate the evidence honestly and give clients a clear picture — the decision is always theirs.

✓ Court supervision — available for many first offenses — is technically not a conviction in Illinois and is eligible for expungement after completion for most offenses. Important exception: DUI court supervision is specifically not eligible for expungement by statute, regardless of completion. Its value in a DUI case lies in avoiding a conviction, preventing license revocation, and keeping the disposition off your public driving record with the Secretary of State.

State charges are prosecuted in the circuit courts (e.g., Sangamon County Circuit Court) under Illinois statutes. Federal charges are prosecuted in U.S. District Court (Central District of Illinois, Springfield) by the U.S. Attorney's Office, typically for offenses crossing state lines or involving federal agencies.

Federal prosecution is more resource-intensive, sentencing guidelines are more rigid, and federal convictions carry no possibility of expungement.

Employment: Illinois's Job Opportunities for Qualified Applicants Act limits when employers can ask about criminal history, but convictions can still affect hiring in many positions.

Professional licenses: Licensing boards for nursing, teaching, law, real estate, and healthcare can pursue discipline for criminal convictions. Many carry mandatory reporting obligations.

Immigration: For non-citizens, a criminal conviction — even a minor one — can have catastrophic immigration consequences including deportation. Under Padilla v. Kentucky (2010), defense attorneys must advise non-citizen clients about immigration consequences before any plea.

✓ The charge that seems "minor" may have catastrophic professional or immigration consequences. Evaluate these issues before any plea — not after.

Options close off over time. Evidence is preserved or it disappears. Witnesses remember things clearly or they don't. An attorney can sometimes engage with prosecutors before charges are formally filed — when the State is still deciding what to charge. That window is brief and valuable.

Bring any paperwork from the arrest (conditions of release order, citation, complaint, summons); charging documents; any relevant text messages, emails, or social media messages; contact information for potential witnesses; a written timeline of events as you remember them; and prior criminal history if any.

Be honest. Everything you tell me is protected by attorney-client privilege. I can only help you if I know the whole picture — including the unflattering parts.

Your truthful account of what happened. Your complete prior history. Witness names. Any documentation you have. Continued cooperation — showing up to court, not discussing the case on social media, following all conditions of release to the letter.

Most importantly: don't talk to anyone about the facts of the case except your attorney. Not family, not friends, not co-defendants, and definitely not law enforcement without your attorney present.

37 years — in Springfield, in Sangamon County, and across central Illinois. I started my career as a DUI prosecutor, giving me a rare dual perspective on how cases are built and where they're most vulnerable. I've tried cases in front of most of the judges currently sitting on the Sangamon County bench.

My practice is focused on criminal defense and DUI defense. Criminal law in Illinois is not a field where general practitioners occasionally dabble — the statutes, procedural rules, suppression case law, and sentencing guidelines all move constantly and require focus.

DUI and aggravated DUI (including cannabis DUI, drug DUI, and commercial vehicle DUI); drug offenses (possession, possession with intent, delivery); domestic battery; assault and battery; weapons charges under the Illinois aggravated UUW statute; theft and retail theft; and cases involving accountability under 720 ILCS 5/5-2.

Yes. I've been appearing in these courtrooms for nearly four decades. I know how individual judges run their courtrooms, what arguments resonate with them, and how the Sangamon County State's Attorney's Office approaches different types of charges. Local familiarity is a genuine advantage.

Both, simultaneously. Preparing for trial and pursuing a negotiated resolution are not mutually exclusive — the best plea offers almost always come when the prosecution knows your attorney is genuinely prepared to try the case.

I evaluate four things: the strength of the State's evidence, the availability of suppression issues, the realistic range of outcomes at trial, and what the negotiated offer actually achieves compared to those outcomes. I give my honest assessment and recommendation — the decision is always the client's.

"Success rate" is a misleading metric because every case is different. What I can tell you: I have 37 years of experience in these courts, a track record of taking cases to trial when the facts support it, and a reputation that produces better negotiated offers than attorneys who won't fight. The best measure is whether your specific case was handled as aggressively as it deserved.

I translate — I explain what's happening in clear terms, not legal jargon. When there's a motion to suppress, I explain what it attacks and what winning it means. When evaluating a plea offer, I lay out realistic outcomes on both paths and let the client choose. The decision is always the client's, made informed — not pressured.

Continuing legal education, Illinois State Bar publications, monitoring Illinois Supreme Court and appellate court decisions, and staying active in the central Illinois criminal defense community. The SAFE-T Act alone rewrote significant portions of the pretrial detention and sentencing framework. I stay current because the law keeps moving.

Typically flat fees for most criminal matters, which gives clients predictability. The amount reflects the complexity of the case. We discuss that at the consultation and I give you a clear number before you decide anything.

My fee covers legal representation — court appearances, motions practice, investigation, negotiation, and trial preparation. Additional costs that may arise include court filing fees, expert witness costs if needed, and the cost of obtaining records. No surprises.

Yes. Call (217) 544-4057. There's no charge for the initial consultation. We'll talk through the situation and realistic options. Whether you hire me or not, you walk away with useful information.

I understand that legal fees are a real burden for most families facing a criminal charge. Payment arrangements are something we can discuss. Call and ask. A financial question shouldn't be the reason you go unrepresented.

Fee structure and retainer terms are discussed at the consultation on a case-by-case basis. I explain what the arrangement covers and what happens to any unused portion before you commit to anything.

Me. W. Scott Hanken handles W. Scott Hanken's cases. I appear at your hearings, argue your motions, negotiate with the prosecutor, and try your case if it goes to trial. Direct representation, direct accountability.

You'll hear from me when something meaningful happens and promptly when you reach out. I don't leave clients in the dark about their own legal situation. Phone, email, in-person — whatever works for you. I'll explain what's normal and what isn't so you always understand where things stand.

Yes — and it happens more often than people expect when the case is properly handled. Charges get dropped when the State's evidence is insufficient, when constitutional violations are identified, or when independent investigation reveals facts that undermine the prosecution's theory.

In Illinois, felony charges can be initiated by information (a charging document filed by the prosecutor, followed by a preliminary hearing) or by grand jury indictment (a secret panel of citizens that hears evidence and votes to indict). Most Sangamon County felonies proceed by information with a preliminary hearing.

Probation is a sentence itself — you remain in the community under supervision with specific conditions. Violating probation can result in revocation and re-sentencing up to the original statutory maximum.

Parole (formally "mandatory supervised release" in Illinois) is supervised release following a prison sentence with IDOC. Violations can result in a return to prison.

Employment: Background checks reveal criminal history; some positions are statutorily barred.
Housing: Landlords regularly run criminal checks.
Professional licensing: Conviction triggers mandatory reporting across dozens of licensed professions.
Firearms: A felony conviction permanently disqualifies an individual from possessing firearms under both federal and Illinois law.
Student loans and federal benefits may also be affected.

✓ The sentence ends. The conviction record doesn't. Fight every charge as if the long-term consequences matter — because they do.

Call an attorney immediately. If investigators have reached out to you, do not contact them without an attorney present. "Just answering a few questions" is how people become defendants.

✓ Pre-charge intervention is one of the most underutilized — and most valuable — services a criminal defense attorney provides. An attorney can sometimes resolve the matter without charges being filed at all.

Yes. The Fourth Amendment protects you from unreasonable searches. Clearly state: "I do not consent to this search." Don't physically resist — if the officer searches anyway, that's a Fourth Amendment issue addressed in court.

For cell phones specifically: Riley v. California (2014) held that police generally need a warrant to search your phone incident to arrest. Don't provide your passcode voluntarily.

Reference: U.S. Const., Amend. IV; Ill. Const., Art. I, § 6 — Both provide protection against unreasonable searches and seizures.

Miranda warnings are required before custodial interrogation — questioning after arrest. If you were in custody and questioned without Miranda warnings and made incriminating statements, a Motion to Suppress Statements may be viable. Suppression doesn't automatically dismiss the case but removes those statements from the State's evidence.

No. Police are not writing down your exculpatory explanation to drop the case — they're listening for inconsistencies, admissions, and anything they can use. Innocent people make statements that sound suspicious. Innocent people get convicted partly on things they said while trying to appear cooperative.

Arraignment: First formal court appearance. You're read the charges, enter a not guilty plea, and conditions of release are set. Usually 15 minutes or less.

Preliminary hearing (felonies only): State presents evidence to establish probable cause. Creates a transcript that locks in witness testimony and sometimes reveals important weaknesses.

Pretrial conference: The judge, prosecutor, and defense attorney discuss case status — discovery, pending motions, timeline. Plea negotiations often happen around these dates.

Being falsely accused is a legitimate defense but doesn't automatically produce a dismissal. What gets these cases dismissed or acquitted is evidence: alibi witnesses, physical evidence inconsistent with the accusation, prior false accusation history of the complainant, inconsistencies in the accuser's account, motive to fabricate, and contradictory forensic evidence.

✓ False accusation cases — common in domestic violence, sex offense, and child custody contexts — require aggressive independent investigation from day one.

Dress professionally every time you appear. Business casual at minimum — pressed slacks, button-down shirt, conservative dress or suit. No logos, athletic wear, hats, or shorts. Cover tattoos if you can. Arrive early — security lines take time.

In the courtroom: address the judge as "Your Honor," don't react visibly to testimony or rulings, turn off your phone entirely. Do not speak to the prosecutor, arresting officer, or witnesses unless your attorney instructs you to.

Yes. You have the right to retain new counsel at any point, subject to the court's discretion on timing as trial approaches. If you're considering switching attorneys, call me. I'll give you an honest assessment of where the case stands and whether your concerns are serious ones.

The Sangamon County Public Defender's Office employs skilled attorneys — the constitutional right to appointed counsel is real. The difference is workload. Public defenders carry caseloads that are by most standards too heavy — dozens or hundreds of clients, limited resources for independent investigation, and limited time per client.

A private attorney takes on fewer cases and devotes more time to each one — more investigation, more pre-trial motions, more trial preparation, more direct client contact. If you can afford private counsel, the investment is worth making.

No. The Fifth Amendment gives you an absolute right not to testify. The prosecution cannot call you as a witness, and the judge must instruct the jury that no negative inference can be drawn from your decision not to testify. Whether you should testify is a strategic decision made case by case.

Yes. Illinois has diversion mechanisms for defendants whose criminal conduct is connected to mental health conditions or substance use disorders. Mental health court and drug court are available through the Sangamon County Circuit Court for eligible defendants. Mental health evaluations can also be relevant in determining fitness to stand trial and as a mitigating factor in sentencing.

Yes. First-offense status is a significant mitigating factor in Illinois courts, both in plea negotiations and at sentencing. Many first-time offenders qualify for court supervision — which, upon completion, is not technically a conviction and is eligible for expungement for most offenses.

Note: DUI court supervision is a statutory exception and cannot be expunged. It still avoids a conviction, prevents license revocation, and keeps the disposition off your public driving record — but it does not disappear from certain records the way other court supervision outcomes can.

Attorney-client privilege is one of the oldest and most protected doctrines in the law. Everything you tell me in the context of our representation is protected from disclosure — including facts that are embarrassing, complicated, or unflattering. I cannot be compelled to reveal those communications.

Expungement physically destroys or obliterates the record. Expunged records do not need to be disclosed on most applications and are generally unavailable to background check companies.

Sealing hides the record from public view — employers and landlords won't see it on standard checks — but the record still exists. Law enforcement agencies, prosecutors, courts, and certain professional licensing boards can still access sealed records.

Neither is available for DUI convictions, most sex offenses, domestic violence convictions involving household members, or certain violent felonies.

Reference: 20 ILCS 2630/5.2 — Illinois statute governing expungement and sealing.

Yes. Direct appeal to the Illinois Appellate Court, Fourth District must be filed within 30 days of sentencing. Post-conviction petitions under 725 ILCS 5/122 allow claims of constitutional violations not raised or not raisable on direct appeal — including newly discovered evidence and ineffective assistance claims.

Important: The deadline for a direct appeal in Illinois is 30 days from sentencing. Missing it forfeits your most immediate avenue for review.