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Rolling Meadows, IL defense attorney

In the United States, violent crime is not uncommon. According to the Federal Bureau of Investigation, there were more than 1.2 million violent crimes reported in the country in 2017. In Illinois alone, there were an estimated 56,000 incidences of violent crime that year. The state of Illinois defines violent crime as any felony crime that involves the use of force or the threat of force against the victim, or any misdemeanor crime in which death or great bodily harm comes to the victim.

Violent crime is taken extremely seriously and penalties for a conviction are severe. If you are charged with a violent crime, it is important you understand the potential consequences, and that you speak with a skilled criminal defense attorney as soon as possible.

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Rolling Meadows, IL defense attorney

There are many consequences that can come with breaking the law. Depending on the crime, you could face community service, probation, fines, restitution, and in some cases, jail time. Another consequence of certain crimes can be asset forfeiture, where the government takes your belongings if they believe they are connected to a crime. This can be problematic, especially if you are innocent of the charges you face. 

Both the state and the federal government can seize assets if they believe they were acquired in illegal ways. According to the Illinois State Police and the U.S. Department of Justice, the state of Illinois has taken more than $319 million in assets from citizens since 2005, while the federal government has seized more than $404 million during the same period. If you are facing a seizure of your assets, it is important to have a criminal defense attorney by your side who will fight for you.

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Arlington Heights, IL defense attorney

While all assault and battery charges are serious, charges and punishments can become even harsher when the alleged assault and/or battery occurs between people in a domestic relationship. Being accused of domestic battery is extremely serious and can result in extensive jail time and expensive fines. It is also often used to leverage favorable decisions in child custody or other matters in contentious divorce proceedings.

Domestic Battery Laws in Illinois

The Illinois Penal Code states domestic battery occurs when a person knowingly and unlawfully causes bodily harm or makes physical contact of an insulting or provoking nature to a family or household member. It is important to note that the crime must be committed against a family or household member, or it cannot be considered domestic battery. According to the state of Illinois, family or household members include:

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Arlington Heights, IL defense attorney

We have all probably heard the phrase “assault and battery” at some point in our lives. This phrase is used so often that the terms assault and battery tend to be used interchangeably, even though they are different legal concepts that carry different consequences. In Illinois, there are also offenses such as aggravated assault and aggravated battery, which consist of different actions and typically carry more serious punishments. 

If you face an assault or battery charge, understanding the offense and its penalties is the first step in building a solid defense with the help of a skilled criminal defense lawyer.

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Arlington Heights criminal defense attorney Miranda rightsIn 1966, the United States Supreme Court made a landmark ruling in the case of Miranda v. Arizona when it made a decision on how suspects are to be informed of their constitutional rights when they are arrested on felony or misdemeanor charges. Ernesto Miranda was arrested in 1963 on suspicion of kidnapping and rape. After a long interrogation, Miranda confessed to the charges and signed a statement that his confession was made willingly and knowingly and that he understood his legal rights. When his case went to trial, his lawyers discovered that he had not, in fact, been informed of his constitutional rights to remain silent, to be represented by a lawyer, and to have that lawyer present during the interrogation. This Supreme Court ruling is one of the most famous cases in U.S. history, and it has changed the way arrests and interrogations have been handled ever since.

Miranda Rights Are Constitutional Rights

Because of Miranda v. Arizona, police officers are required to inform you of your rights before they begin an interrogation. Though some police departments may use different wording, the basis of the statements must be the same. Most police departments will use a version of the following: “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be appointed to you. Do you understand the rights that I have just read to you?” It must be established that the suspect is aware of his or her rights before any interrogation can occur.

Misconceptions About Miranda Rights

The point of the Miranda Warning is to inform suspects of the rights that are granted to them by the United States Constitution. This includes the right to protection against self-incrimination and the right to legal counsel. Some people have misunderstandings about their Miranda rights and what that means for their criminal cases.

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