What are the duties of the Judge and the Prosecutor?
What are a Judge’s Duties?
A Judge is similar to a referee. The Judge does not file charges against you nor is it the who decides to reduce the charges against you. A Judge has several duties. First, he or she is to keep the case moving. He or she makes sure that the two parties, (the prosecutor and the defense) do what they are required to do. For example, that the prosecutor turn over copies of all of the evidence to the defense. Additionally, the Judge determines if your going to be kept in jail while awaiting trial or if you are going to be released on bond. Furthermore, if the Judge decides to allow a person to post bond, the Judge decides how much the bond is along with any other conditions of bond.
The Judge also proceeds over a 402 Conference. A 402 Conference is where the prosecutor and the defense attorney obtain the Judge’s opinion on what a fair sentence would be.
In addition to the above duties, it is the Judge that decides the law applies to your case. The Judge also applies the law to the case. Moreover, the Judge determines during a bench trial if a person is guilty or not guilty of a crime..
The Duties of the Prosecutor?
The prosecutor (also known as a State’s Attorney or State for short) is your opposition. A State’s Attorney is the agency that brings the criminal charges against you. The State is the entity that can decide to file more charges or reduce the charges against you. The prosecutor can also decide to drop the charges against you.
A Defense Attorney’s Job
A defense attorney is the person that represents you in court. Just as the State of Illinois has an attorney in court trying to put you jail, a defense attorney is your advocate trying to get the case dismissed or the best possible disposition for you.