Posted on May 16, 2017 in Uncategorized

An effective criminal defense attorney will not wait for a case to go to trial before mounting a defense of his client. For example, the attorney might consider filing a pre-trial motion to dismiss the charges. The motion must be filed within a reasonable time after the defendant has been arraigned and can be filed before or after entering a plea.

The motion must be based on one of the following grounds for dismissal:

• Every defendant has a right to a speedy trial. If the trial is not commenced within the statutorily determined time frame then that is grounds for dismissal.
• A defendant may be prosecuted for several criminal offenses in the same trial. However, if the prosecution knows about these offenses and they all fall within a single court’s jurisdiction, then the offenses (usually) must be prosecuted in a single prosecution. If the state initiates a subsequent prosecution based on the defendant’s previous criminal conduct then that is grounds for dismissal.

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 Posted on May 12, 2017 in Uncategorized

When your driving privileges have been suspended or revoked due to a conviction of driving under the influence (DUI) or other violations, your life can be greatly affected. It may be extremely difficult for you to continue working, to attend school, or to attend alcohol education programs in accordance with court directives. Depending on the circumstances of your situation, however, you may have relief options available to restore driving privileges on a limited basis. With the help of a qualified attorney, you may be able to obtain a restricted driving permit (RDP) and take the first steps toward getting your life back on track.

What is an RDP?

A restricted driving permit can be granted by the Secretary of State’s office to allow partial restoration of driving privileges. The terms of the RDP can be customized for each case and only permit a person to drive in certain areas and at certain times for specifically approved purpose. Depending on the situation, an RDP can allow driving to:

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 Posted on May 11, 2017 in Uncategorized

Your teen told you they were out with friends—perhaps friends you have met dozens of times and you know their parents. At first, you thought the call was a joke or a prank. Then the realization sets in that your child has been arrested for shoplifting, but they are letting you take them home for now. What does that mean? The questions are likely to begin spinning through your mind regarding how you will handle the situation as a parent and how this might affect the future. Know that you are not alone, and we can help.

Why Was My Child Released To Me?

Rather than keeping your child in jail until the criminal hearing, the police likely released him or her into your care. While your child has been released, he or she must show up for all scheduled court dates, which you will receive further information on in the mail. Failure to appear will result in a warrant being issued for your child’s arrest and, potentially, other charges. You can assist your child by watching the mailbox and following up with the court.

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 Posted on May 10, 2017 in Uncategorized

Accusations of domestic abuse are serious and may carry lasting penalties. While many understand that this type of crime is no laughing matter, there are other aspects of these charges that are alarming to those accused. For instance, you may be surprised to find out that you do not need to be married or even dating someone to be charged with domestic abuse. Domestic violence charges are possible even if you are only living with someone and you behave violently towards them.

Cohabitating Violence More Prevalent Than Marital Violence

Have you heard the old saying, “you fight like an old married couple?” Well, in recent years, the saying should be closer to, “you fight like old roommates.” If you have ever had a roommate, you understand there are struggles. Two (or more) separate lives with little more in common than rent and utility payments are bound to find conflicts. If one person enjoys staying up all night playing video games video while another likes to wake up early and go for a run after making a protein shake in the blender, you can imagine where things might become a little tense. Although these differences and tensions arise in marriages as well, statistics show that cohabiting relationships are more likely to be violent than married relationships. Did you know that:

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 Posted on April 28, 2017 in Uncategorized

Did you know that if law enforcement officials believe that your property or assets were involved in the commission of a crime , they can legally seize the property in question? Under civil asset forfeiture laws in Illinois, you could lose your property even if you are never charged with a crime, let alone convicted. Over the last decade, law enforcement agencies have reportedly netted nearly $320 million worth of property and cash through asset seizures, including nearly $80 million seized by the Chicago Police Department alone.

Civil asset forfeiture is a contentious practice, and its merits have been hotly debated across the country in recent years. In fact, 19 states and Washington, D.C. have amended their asset forfeiture laws since 2014 to create a more equitable system. As it currently stands, only a dozen states currently require a criminal conviction before assets can be permanently confiscated, but several others, including Illinois, may soon adopt similar guidelines.

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 Posted on April 28, 2017 in Uncategorized

When you have been arrested on suspicion of drug possession , driving under the influence (DUI) , assault , or any other criminal offense , you need an attorney who will fight to protect your rights. Once you hire an attorney, however, there are a number of things you can to be proactive on your own behalf as well. You can help your case considerably by keeping an open line of communication with your lawyer and by providing him or her with all information that could be pertinent to your defense.

Before you meet even with your attorney, you should begin to:

Gather Documentation

Any and all paperwork and documents you receive from police, prosecutors, the court or any government agency could be relevant to your defense. Keep everything in a specific file and be sure to give your lawyer copies of documents such as:

• Search warrants and other documents related to a search executed by police; • Arrest warrants and accompanying affidavits; • Documents related to bail and the conditions of your release; • Any evidence the prosecution has turned over; • Charging documents; • Any documents related to prior crimes for which you have been arrested and/or convicted; and • Documents regarding your next court date

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 Posted on April 27, 2017 in Uncategorized

Statistics from the Secretary of State’s office show that while there were fewer alcohol-related fatalities in recent years, the proportion of fatalities to which alcohol contributed has remained relatively stagnant, hovering around 40 percent except for one anomalous year. It is difficult for one to contemplate these figures; if the influence of alcohol were removed from the situation, the number of deaths would—at least in theory-be almost halved. Statistics like these only serve to reiterate how critical and important enforcement of DUI laws are to keeping the proverbial peace.

First Offenses

As is common in multiple other states in the U.S., a first offense of driving under the influence (DUI) carries relatively less stringent consequences than a second or third offense, but the intention is still punitive, and as such, offenders do not get off lightly. In Illinois, a first offense triggers administrative punishments including at least a six month license suspension, which may be as long as one full year, if the offender does not consent to blood alcohol content testing under the relevant implied consent laws. Criminal consequences include fines of up to $2,500 and a Class A misdemeanor on one’s criminal record.

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 Posted on April 18, 2017 in Uncategorized

In most states across the U.S., conviction on a felony charge can lead to a person losing many civil rights, some temporarily and others permanently. In Illinois, one of the rights a person stands to lose upon conviction of felony charges is the right to firearms ownership. While the loss of this right is not technically permanent, the law makes it difficult for a convicted felon to regain the ability to legally own a firearm.

Firearm Owner’s Identification Card

In Illinois, gun owners are required to possess a Firearm Owner’s Identification Card, also known as a FOID card, in order to buy or own a gun. When a person is convicted of a felony, and he or she is a gun owner with a valid FOID card, the card is revoked after the person’s conviction. In addition, when applying for a FOID card, a person has to make a statement declaring that he or she has not been convicted of a felony. However, if a person’s felony conviction is far enough in the past, he or she may be eligible for a FOID card if other conditions are met.

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 Posted on April 15, 2017 in Uncategorized

Under Illinois law, there are several types of assault for which a person may face criminal charges. Assault, in any form, is a serious matter, and such charges may carry severe penalties. If you have been charged with assault, it is important to understand the potential implications.

The Basics of Assault

According to the Illinois Criminal Code , assault is defined as the act of placing someone at risk of bodily harm or creating the fear of such harm. This could include verbally threatening someone, or, perhaps, chasing after someone with your fists. It is crucial to recognize that assault charges are not dependent on whether you made physical contact with or injured another person. If you are found guilty of an assault charge without physical harm to the victim, you could still spend up to a month in jail and face up to $1,500 in fines. Your costs may also include legal fees and lost wages for missed work due to court appearances or time spent in jail. You may also be sentenced to up 120 hours of community service to be completed in accordance with the court’s direction.

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 Posted on April 15, 2017 in Uncategorized

It is a common desire once you have been pulled over to attempt to escape having a ticket written against you. Whether bargaining with the officer on the side of the road or attempting to strike a deal with the prosecutor in court, many individuals wish to avoid the fines, fees, penalties, and higher insurance rates associated with a traffic conviction in Illinois. Some individuals may attempt to make their case more “deserving” of a favorable resolution by offering an excuse or a story. Some of these excuses or stories are less deserving of favorable action, however.

Worst Excuses for Your Traffic Ticket

Some of the worst excuses that you can offer in response to a traffic charge in Illinois include:

• “I really wasn’t paying attention.” Traffic laws are designed to promote attentive and safe driving. Admitting that you were not doing either is not a compelling argument that will encourage most law enforcement officers or prosecutors to give you a break. Even if they do, expect such an offer to come with a hefty price tag; • “You didn’t/couldn’t have seen me speeding (or whatever you are accused of doing).” Most officers take care to carry out their job duties in a professional manner. This idea that the officer was mistaken is often perceived as an attack on the officer’s ability to do his or her job correctly. As one might expect, this is not the best way to resolve your traffic citation without a conviction; • “Another driver was going faster than I was. Why didn’t you pull him or her over?” It may be true that other individuals were speeding as much as you were (or engaging in other violations of the vehicle code), but this in no way obviates you of your own culpability and responsibility. Depending on how this “excuse” is phrased, it may even be seen as an admission of guilt. • “I didn’t know that [some activity] was illegal.” In some cases, not knowing that certain behavior is illegal may provide some defense to criminal charges. In many traffic cases, however, ignorance of the law is not grounds for a dispute. Simply put, it does not matter, in most cases, whether you intended to violate the traffic laws or not.

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