Blog

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.

...

Arlington Heights murder defense attorneyDuring normal conversation, words that have more than one meaning are often used interchangeably, such as robbery, theft, and burglary. In general, these words mean the same thing, but in a court of law, they all have very different meanings. The same goes for homicide, murder, and manslaughter - they tend to have a similar meaning in everyday life, but they all have different definitions and carry very different sentencing terms when used in a legal setting. A person who is charged with first-degree murder will be facing much more serious consequences than a person who is charged with involuntary manslaughter.

Homicide

When you are talking about homicide in a law setting, it simply just means the act of one person killing another person, which may or may not be illegal, depending on the circumstances. For example, if you use deadly force against someone because they attempted to commit a forcible felony (like robbing your home or committing an assault), your actions may not technically be illegal because of Illinois laws regarding justifiable use of force.

Murder

Murder is the term that is used when an unjustified killing is committed. It is broken down into degrees:

...

Illinois defense lawyerWith the rise of technology, internet-based crimes have become more common in our society. According to the FBI’s Internet Crime Report, nearly 300,000 complaints were made concerning internet crime in 2017. Illinois ranked number seven on the list of states with the most internet crime incidences. The state of Illinois made changes to the Cyberstalking section of the Criminal Code of 2012, which went into effect at the beginning of 2018.

What Is Cyberstalking?

According to Illinois law, cyberstalking takes places when a person uses electronic communication to cause another person to fear for their safety or suffer emotional distress. The law also says that cyberstalking is committed if a person uses electronic communication to harass another person on two or more occasions and threatens bodily harm, sexual assault, confinement or restraint of the person or a family member of the person.

...

b2ap3_thumbnail_shutterstock_566889343.jpgIn the event you, a friend, or family member is detained for suspicion of theft, it is important to understand the variables that might impact how law enforcement and prosecution might consider proceeding. Having a basic understanding of theft laws in this state might be of an advantage.

Misdemeanors and Felonies

In general, grand theft is a more serious charge than petty theft—usually applicable when a person is alleged to have stolen money or property of a higher value.  In most states, grand theft is a felony and petty theft is a misdemeanor. In Illinois, a defendant can face an array of charges depending on the value of what is taken and the circumstances surrounding the incident. Classifications include:

...

arlington-heights-criminal-defense-lawyerImages from video cameras are often used to help identify criminal suspects. However, more and more law enforcement agencies are beginning to install cameras, sometimes voluntarily and sometimes due to public pressure, in vehicles and on the bodies of sworn officers. This video footage is often used by criminal defense attorneys to help their clients fight against criminal charges

Pros and Cons of the Police Body Camera

The common belief is that the presence of video cameras, whether on a law enforcement vehicle dashboard or on the vest of a police officer, would reduce complaints of police misconduct or abuse. Furthermore, it is expected that video recordings of arrests would provide courts with details on the interactions between police and the citizens they encounter. However, different sides continue debating the pros and cons of police using body cameras.

...

CALL US TODAY AT 847-253-3400 FOR A FREE INITIAL CONSULTATION