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Champaign County Children's Advocacy Center
Michael Williams, Executive Director
Parents & Clients Info
Dear Parents/Caregivers
What is the Children's Advocacy Center?
What is Child Sexual Abuse?
The Offender & Steps They Take to Access Children
What Are the Effects of Sexual Abuse on My Child?
How Should I Act Toward My Child?
How Parents Sometimes Feel When Abuse Has Been Reported
The Investigation &
Facts About the Investigation
Your Team of Professionals
What Happens in Criminal Court?
What To Say To Others
Comments You Can Expect From Others About the Abuse
Related Documents
WHAT HAPPENS IN CRIMINAL COURT?
- Using evidence discovered through the investigation and the input received from the team, the State’s Attorney’s
Office determines if there is enough evidence to file criminal charges.
- If criminal charges are filed, the person accused of abusing the child may be
arrested (or he may receive a summons)
and must go to court for an arraignment.
- The arraignment is when the person accused of abusing the child (called the
defendant) appears before the judge and
pleads guilty or not guilty to the charges. If the defendant pleads guilty, sentencing will be scheduled for a later
date (note: defendants almost never plead guilty at arraignment). If the defendant pleads not guilty, the case will
continue through the court process. If the defendant cannot afford an attorney, the judge will appoint an attorney
to represent him. Also at this stage, bond is set by a judge. If the defendant cannot post bond, he will remain in
custody while the case is pending.
- There are two types of hearings that may occur before trial: a
Preliminary Hearing or a Grand Jury Hearing. The
Preliminary Hearing will take place before a judge in open court and the judge will review the evidence and testimony
and decide if there is enough evidence for the case to proceed to a trial. A Grand Jury Hearing is held in private
before a jury. The defendant and defense attorney do not attend. The Grand Jury reviews the evidence and decides if
there is enough evidence to hold the defendant over for a possible trial.
- The defendant will have an attorney; this is the defense attorney. This lawyer may want to talk to your child or you
before the trial date. Although you may chose to talk with this person, you and your child do not have to talk to the
defendant’s attorney.
- If there is a Trial, the defense chooses if they want a
Bench Trial or a Jury Trial. A bench trial is held before a
judge. A jury trial is held before a judge and 12 jurors. During the trial, you and your child might have to testify.
The defendant does not have to testify. It may take several months from the time charges are filed until you go to court
for trial. When you do go to court with your child, take along a quiet toy, coloring book, or something to keep your
child busy for what might be a long wait.
- Once all the evidence and testimony is presented, there will be a
Verdict of guilty or not guilty. If found not
guilty, the defendant will be released if he has no other pending charges. If found guilty, the defendant will be
sentenced at a later date (Sentencing Hearing).
Prior to the Sentencing Hearing, you will be contacted by a representative of the State’s Attorney’s Office and asked
to complete a Victim Impact Statement. Please note, either you or your child, or both, may complete a Victim Impact
Statement. The judge will read the Victim Impact Statement before he decides what sentence to impose upon the
defendant. You and/or your child will also have the opportunity, if you choose, to read your Victim Impact Statement
to the Court at the Sentencing Hearing. The State’s Attorney’s Office will help you prepare your Victim Impact Statement.
- The case can also be settled by agreement without a trial. This is called a
Plea Bargain. A plea bargain may take
place between the prosecuting attorney and the defense attorney at any time and is reached when the attorneys agree on
a charge and a sentence. If the judge accepts the plea bargain, there will not be a trial. Although a plea bargain
insures that the defendant will be convicted, oftentimes it results in a lesser sentence. As a result of a plea bargain,
a conviction will appear on the offender’s record and he/she may have to register as a sex offender.
Many times, a defendant will plead guilty but there is no agreement between the attorneys about what sentence to
recommend. In that event, the case may be continued for a Sentencing Hearing, at which time a judge will decide the
sentence to be imposed. If that happens, you will be contacted by the State’s Attorney’s Office and asked to complete
a Victim Impact Statement (see above).
Always remember that the well being of your child should be
your objective. Don’t lose yourself in the legal system, because it is only one step in the process, and it is not
essential to your child’s recovery.
The best advice is to enter the legal system without expectations, because the more you expect
from the system, the harder the experience is likely to be. Also, remember to celebrate when it is over. No matter
what the outcome, conviction or not, tell your child it is over. You and your child did your best, worked hard, and
put in a lot of time and courage. Celebrate a job well done!
Revised August, 2010
If you suspect abuse, call
your local police department or
the Illinois Department of Children and Family Services
at 1-800-25-ABUSE (1-800-252-2873)
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