Juveniles Tried as Adults in Illinois

Illinois uses automatic exclusion, judicial transfer and extended jurisdiction juvenile (EJJ) prosecution. A minor who was at least 16 at the time and is charged with first degree murder, aggravated criminal sexual assault, or aggravated battery with a firearm where the minor personally discharged it is automatically prosecuted as an adult, along with all charges from the same incident. A judge may transfer a minor 13 or older to adult court on the State's Attorney's motion after finding probable cause and that proceeding in juvenile court is not in the public's best interest (discretionary transfer); for a minor 15 or older charged with a forcible felony who has a prior forcible felony and acted for an organized gang, transfer is presumed unless the minor shows by clear and convincing evidence that they are amenable to juvenile treatment. In an EJJ prosecution of a minor 13 or older charged with a felony, a conviction brings a juvenile sentence plus a stayed adult sentence that can take effect if the juvenile sentence is violated. Minors sentenced as adults are sentenced under the special juvenile-offender sentencing rules of 730 ILCS 5/5-4.5-105.

Illinois's rule on court-appointed lawyers: Under Illinois Supreme Court Rule 401(a), an indigent defendant has the right to appointed counsel whenever the charge is punishable by imprisonment. The trial judge appoints the county Office of the Public Defender, which assigns the individual assistant public defender. Whether a person is indigent is left to the trial court's discretion based on as complete a financial picture as possible; a person need not be entirely without funds to be found indigent, and a court may not refuse appointment solely because the defendant posted bail. The Office of the State Appellate Defender handles appeals for indigent defendants. Ill. S. Ct. R. 401(a); People v. Campbell, 224 Ill. 2d 80 (2007); Burnette v. Terrell, 232 Ill. 2d 522 (2009); People v. Ellis, 309 Ill. App. 3d 443 (1999); People ex rel. Baker v. Power, 60 Ill. 2d 151 (1975)

Lawyers set their own fees, and Illinois has rules on how they may charge. See hiring a criminal defense lawyer in Illinois for fee rules, how to check a lawyer's license and free help.

How release before trial works in Illinois: Illinois abolished cash (monetary) bail under the Pretrial Fairness Act (part of the SAFE-T Act); cash bail ended in Illinois courts on September 18, 2023, after the Illinois Supreme Court upheld the law in Rowe v. Raoul, 2023 IL 129248. The default is pretrial release on personal recognizance, with conditions. The State may seek detention only in specified cases by filing a petition; at the first detention hearing the State must prove by clear and convincing evidence that the proof is evident or the presumption great that the defendant committed a detainable offense, that the defendant poses a real and present threat to any person or the community or a high likelihood of willful flight, and that no conditions could mitigate that threat or risk. The court must revisit continued detention at later hearings. 725 ILCS 5/110-6.1 (P.A. 101-652, 102-1104); Rowe v. Raoul, 2023 IL 129248 What happens after an arrest.

Each state sets its own rules for sealing or expunging records. See Illinois expungement and record sealing rules.