Posted on May 15, 2023 in Criminal Defense

It has often been observed that one never gets a second chance to make a first impression. When you walk into an arraignment, you will be engaging in your opportunity to make a solid first impression on the judge assigned to your case.

If you are facing criminal charges for driving under the influence (DUI), assault, battery, drug possession, or a violent felony offense such as manslaughter, preparing for your day in court is essential.

Your behavior and appearance in court can bolster the strength of your criminal defense strategy.

Making a Favorable Impression in Court By Dressing and Acting the Part

Think about what you do subconsciously whenever you are introduced to someone in a social or professional setting. You evaluate what they are wearing, their overall appearance, and how they conduct themselves as you make impressions about whether you regard them favorably or not. Judges and juries do the same thing when they are first introduced to criminal defendants.

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 Posted on May 11, 2023 in DUI/DWI

When an individual is arrested due to a law enforcement officer’s suspicion that they have been driving under the influence (DUI) of alcohol or other substances, the main issue at hand is whether a motorist was, indeed, impaired while operating their vehicle. However, there may also be so-called "aggravating factors" at play that could significantly influence the outcome of a defendant’s DUI case.

Aggravating factors are aspects of a defendant’s situation that increase the severity of the alleged offense. For example, in Illinois, having a minor in one’s vehicle at the time of a DUI arrest is an aggravating factor. As a result, those who are convicted of a DUI with a minor in the car will face more severe penalties than those who committed the exact same DUI offense without a minor passenger in their vehicles at the time of their arrest.

Minor Child in Car DUI Penalties

In some scenarios, an aggravating factor will only result in the risk of a more severe penalty for the underlying offense. For example, a crime that would otherwise be classified as a misdemeanor would be charged as a felony instead, due to the influence of an aggravating factor. In Illinois, a conviction in a "DUI with a child passenger" case results in a risk of greater fines and a term of community service to be carried out in a program benefiting children.

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 Posted on May 05, 2023 in Criminal Defense

Throughout American history, the Supreme Court has handed down cases that are widely characterized as "landmark" decisions because their legal, historical, and/or cultural significance is undeniable.

These cases have helped to shape the American experience both for the better and, in some instances, for the worse. One landmark case that is well known among legal scholars but receives less attention than many cases that focus on broader shifts in culture and society is Gideon v. Wainwright. It was in this case that the Supreme Court acknowledged, with regard to criminal defendants in felony matters, that access to professional legal representation is a Constitutional right. In its decision, the Court observed that:

• Access to legal counsel is "fundamental and essential to a fair trial"
• "Our criminal justice system, and our faith in it, depends on effective representation on both sides" and
• "Lawyers in criminal courts are necessities, not luxuries"

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 Posted on May 04, 2023 in Criminal Defense

If you are like most Americans, you spend a considerable fraction of your life online. At least one social media platform is also statistically likely to be among the many password-protected accounts you log onto regularly. There is nothing wrong with using social media to connect with loved ones, speak out about issues you care about, and seek like-minded enthusiasts who share your passions. However, if you have recently been charged with criminal wrongdoing, it is important to take great care when interacting with social media or refrain from using social media platforms until your case is resolved.

The Dangers of Social Media for Criminal Defendants

Does the idea of having the prosecutor assigned to your case looking over your shoulder day and night make you uneasy? Essentially, when you post content or react to others’ content on publicly-accessible social media sites, you are inviting this nightmarish scenario to manifest as reality. Regardless of the privacy settings that you enable on your accounts, a prosecutor may be able to look at your activity as your case progresses. In the event that they can use anything that you post, comment, or even "like" against you, they will.

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 Posted on May 01, 2023 in Criminal Defense

Many people believe that cash bail systems disproportionately affect certain groups of people and have the potential to harm communities as a whole. As a result of these concerns, Illinois was set to become the first state in the U.S. to completely eliminate cash bail for criminal defendants on January 1, 2023. However, a legal challenge to that policy shift means that the fate of the state’s cash-bail prohibition is now in limbo.

What the Future May Hold

In 2021, Illinois state lawmakers passed the SAFE-T Act, which – among other policy shifts – altered the ways in which criminal courts across the state could approach the issue of pretrial detainment. If the new rules regarding cash bail are enacted, the legislation will compel courts to treat presumption of release as the default in most criminal matters. This presumption will eliminate financial considerations in determinations of who should benefit from pretrial release and who should be subjected to pretrial detention as a matter of public safety.

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 Posted on April 28, 2023 in Violent Crimes

Most people assume that firearms are the only weapons subject to special rules and regulations. However, this is not the case. In Illinois, knives are also subject to certain legal restrictions. Unfortunately, many well-meaning individuals find themselves in trouble for carrying a weapon they did not know was illegal. If you or a loved one have been arrested for unlawful use of a weapon or another weapon-related offense, make sure to contact an experienced criminal defense lawyer for help.

Knife Laws in Illinois

In most circumstances, ballistic knives, automatic knives, and throwing stars are illegal. However, legislation passed in 2017 made it legal for certain individuals to possess switchblades. A switchblade is defined as a knife with a blade that can be opened automatically by the press of a button, spring pressure, or another mechanical device.

According to Illinois law, you are permitted to carry a switchblade if:

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 Posted on April 25, 2023 in DUI/DWI

Illinois drunk driving arrests often begin with a traffic stop. The officer pulls a driver over for suspicion of drunk driving or a traffic violation based on the officer’s observation. The officer may then ask the driver to take a breath alcohol test or perform a series of field sobriety tests. If the results of these tests indicate intoxicated driving, the driver is arrested for DUI.

However, many people are unsure of the line between their rights and police officers' authority. Can a police pull you over for any reason? Do officers have to see evidence of drunk driving, such as drifting between lanes, to arrest someone for DUI? What if a police officer has no valid reason for conducting a traffic stop in the first place?

Understanding the Legal Concept of Reasonable Suspicion

Although the terms are sometimes used interchangeably by laypersons, "probable cause" and "reasonable suspicion" are two different legal standards. Reasonable suspicion is required for a police officer to pull someone over, while probable cause is necessary for an arrest or a search of a vehicle.

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 Posted on April 20, 2023 in Uncategorized

Although the terms theft, burglary, and robbery are sometimes used interchangeably in casual conversation, these are three different criminal offenses under Illinois law. A burglary occurs when someone enters a property with the intent to steal something or commit another felony criminal offense.

If you or a loved one were accused of burglary, a skilled trial attorney can help. You could be facing life-changing consequences, including significant jail time and you will want to have a trial attorney versed in these types of offenses by your side.

Potential Consequences of a Burglary Charge

Burglary is considered a very serious offense in Illinois. The penalties associated with the offense depend on the type of property that was entered. At a minimum, burglary is a Class 3 felony punishable by up to five years behind bars and steep fines. Most of the time, burglary is considered a Class 2 felony, which carries a prison sentence of three to seven years. If the alleged burglary took place in a home, church or other place of worship, school, or daycare, the charge could become a Class 1 felony with a prison term of four to 15 years.

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 Posted on April 19, 2023 in Uncategorized

When an argument or other conflict escalates to physical violence, it can be hard for police officers to understand exactly what happened. Often, anyone involved in the altercation is arrested. Arrests typically happen after an officer makes a quick decision on scene as to the so called aggressor in the fight. This can lead to an individual to be charged with assault or battery even if they didn’t start the fight.

If you or a loved one ended up in handcuffs after acting in self-defense, you may understandably be frustrated and unsure of what to do next. Contacting an experienced Will County criminal defense attorney as soon as possible can assist in your case.

Steps to Take If You Were Accused of Harming Someone Else in a Fight

Criminal defendants have important rights and asserting these rights is often the difference between an acquittal or dismissal and a guilty verdict. Police officers will likely ask questions about the altercation and the circumstances leading up to the fight. It is important to relay that you acted in self-defense. Getting into the weeds with multiple officers regarding the events can lead to confusion as to what actually happened and potentially lead to your arrest. Speaking to a defense attorney prior to giving a full or even a recorded statement on the events allows a coherent and direct statement to be presented. If you have already been charged or the police want you to participate further in their investigation, it is important you reach out to a criminal defense attorney as soon as possible.

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 Posted on March 30, 2023 in Uncategorized

In Illinois, drug crimes such as cocaine possession are aggressively prosecuted offenses that carry substantial penalties and fines. Today, we will discuss everything you need to know about cocaine possession charges, including penalties, what someone should do if they are ever charged with such a crime, and how a criminal defense lawyer can help you.

Penalties for Cocaine Possession

Cocaine possession in Illinois is almost always prosecuted as a felony offense. This means that if you are convicted, you will likely be facing jail time and fines. In Illinois, any amount of cocaine is considered a Class 4 Felony, which can land the accused in prison for 1-3 years. However, selling less than a gram of cocaine is a Class 2 felony and can land you in prison for 3-7 years.

Greater quantities of cocaine possession are punished even more harshly. Possession of 15-100 grams of cocaine is punishable by a maximum prison sentence of 15 years. Possession of 100-400 grams of cocaine is punishable by a maximum prison sentence of 30 years. Anything between 400 and 900 grams can result in prison for eight to 40 years. And finally, any amount of cocaine possession over 900 grams will likely constitute evidence of a more extensive drug operation network and, thus, may result in 10 to 50 years in prison. In addition, the fines associated with cocaine possession will likely reflect the street value of the substances involved. Fines max out at $200,000.

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