Court

A criminal case can be filed in Cook County Circuit Court in several ways: law enforcement may issue a citation to an individual which requires the person to appear in court at a later date; law enforcement may arrest an individual and directly file a felony drug charge or misdemeanor charge with the court; or the Cook County State's Attorney's Office may approve felony arrest charges and either file charges with the court or empanel a grand jury to issue an indictment.

Following an arrest and filing of charges, an individual will appear at first appearance, a court hearing at which a judge will determine pretrial release. Prior to the Pretrial Fairness Act, at this hearing, the judge could order the individual held (No Bail), require the individual to post a financial bond (Monetary Bail), or release the individual without having to post money (Release on Recognizance or ROR). After the Pretrial Fairness Act, the judge can order the individual held (Detention) only if the individual is charged with certain detainable offenses, the State's Attorney files a petition to detain, and a judge finds that detention is necessary to ensure public safety or prevent willful flight from prosecution; for all other individuals, the judge must release the individual with or without release conditions.

Cases filed in court can be resolved in a variety of ways, including by dismissal, diversion, guilty plea, or by acquittal or guilty verdict at trial. If an individual is found guilty of a crime, the prosecutor and defense attorney on the case may provide recommendations to the judge, who decides on the ultimate sentence which may include fines, community service, probation, or jail for a conviction on a misdemeanor charge or fines, community service, probation, jail, or prison for a conviction on a felony charge.