Legal Question in Criminal Law in Illinois

My rights

I would like to know if you are arrested for battery is an attorney provided for you at the trail. Does the person accusing me of the crime need to be at the trail and is a lawyer provided for them or is the case presented by the state. And lastly is it my obligation to prove my innocence of the crime or is the person accusing me of the crime obligation to prove I committed a crime.


Asked on 3/31/03, 9:56 pm

1 Answer from Attorneys
Mary McDonagh McDonagh-Faherty Law Offices

Re: My rights

1. An attorney is provided if you cannot afford an attorney - there are parameters that the court uses to determine whether you are indigent in the eyes of the law.

2. The victim does not have to be at the trial but it can make the state's case much harder to prove.

3. The state prosecutes the case on behalf of the public and the victim.

4. You are innocent until proven guilty. The state has the burden of proving you did the crime. You technically don't have to prove anything. However, if you have any defenses, you should try to prove them. But that is a trial strategy call and no attorney can tell you what the best move for your case would be unless they see the facts of the case.

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Answered on 4/01/03, 2:23 pm


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