Will My Sex Crime Case Go to Trial in Illinois? Attorneys Christopher Combs and Joshua Boardman from Combs Waterkotte discuss everything you need to know about Illinois sex crime charges, including sexual assault, sexual abuse, rape, and more.
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Interview Transcript
Scott Michael Dunn: Will my sex crime case go to trial in Illinois? How do I know?
Christopher Combs: Is your case going to proceed to trial? Well, that depends on a multitude of things, of course. The evidence, potential plea offer by the state’s attorney or assistant state’s attorney. It is always ultimately up to the client if they want to take a plea deal if we’re not able to secure a dismissal or take it to a full-blown jury trial. That is always the client’s decision. It is our job to work up the case for a dismissal or for reduced or lesser charges. And then it’s always ultimately the client’s decision. “I can live with this deal or I want to proceed to a full-blown jury trial.” So, it’s ultimately the client’s decision, but you really don’t know until you get neck-deep in the case and really start working it up. Josh?
Joshua Boardman: Yes, I would say that our approach is to treat every case that comes in the door as a trial case from a preparation standpoint. But you’re going to reach a point in time where you’re going to sit down with your client, the defendant, and say here is where we are with plea negotiations. It’s probably not going to get better than this. Here’s where we are with being able to secure a dismissal. They’re hanging on to the charge. Here’s where we are with the strength of the evidence. They’re willing to go to trial over the strength of the evidence. And then, as Chris said, present them with the most well-described and well-educated options. But then ultimately it’s up to the defendant and what kind of risk appetite that they have and what they evaluate as the strength of the evidence against them versus whatever offer the state’s attorney is requesting that they plead to at that time. So, we prepare every case as though we could, but that certainly doesn’t mean that every case does.
Combs: And one thing I would say just quickly is that a lot of cases don’t go to trial as much as they used to for a variety of reasons. One is something that Josh just touched on, which is risk tolerance or risk appetite of the client. You’ve got the first year plea deal, you’re rolling the dice. And let’s say you get a reduced plea deal, right? Well, if you decide to go to trial, you’re going to trial on the original charges, not on the reduced charge. So again, you have to remember that. But, the one thing I want to touch on is the cases that you see go to trial the most are likely sex cases. And the reason for that is the punishments are so severe. So, if you’re looking at 20 years, you’re likely going to go to trial. So, you do see a lot of sex cases go to trial. Would you agree with that? More than any other case type.
Boardman: I would because there’s also the extremely punitive requirement that there’s sometimes at least lifetime registries on Illinois sexual registry lists and things. So, people get in that position and go, “I don’t know why I would ever willingly plead or willingly accept those types of prohibitions on my freedoms and liberties. I’m going to take a chance at trial.” Happens all the time.
Combs: If you’re on lifetime registration, you have zero constitutional rights. I mean, they’re gone. So, you’re living your life without any rights.
