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Recent Blog Posts
Will I Have to Stay in Jail if I Am Awaiting Trial in a Criminal Case?
Much of the anxiety and trepidation that comes when you are arrested for a crime is simply a result of not knowing how your case will resolve. In many cases, a person will be arrested, arraigned on his or her charges, and then will not actually go to trial for several months because of the backlog of court cases. During this period of time, there are some people who are required to await their trial in jail, whereas others are able to pass the time by going about their lives in a modified manner. This is called pretrial release and is commonly present in criminal cases, though not all criminal defendants are eligible for release. A skilled criminal law attorney can defend the rights if you are arrested for a crime and can advise you of your rights regarding pretrial release.
Factors Considered During the Detention Hearing
What Are the Requirements if I Am Released from Jail on Bail?
If you are arrested and charged with a crime in Illinois, the court has to determine if they must hold you until your first court date, or if you can be released while awaiting trial. If you are released on bail, you must post a bond. A bond is an official document that states that you will appear at your trial or face additional consequences and can be secured through monetary means or through your own recognizance if the judge does not deem you a flight risk.
Being released from jail on bail also almost always means that there will be certain rules and requirements that you must adhere to while you are awaiting your trial. These rules, or conditions, are non-negotiable and are set forth by the judge after he or she has examined the details of your case. This is why the conditions of bail can be different for everyone, but it is important that you do not violate these requirements or you could face even more criminal charges.
How Does an Order of Protection Differ from a No-Contact Order?
For decades, various organizations have aimed to educate and advocate for those who have been victims of domestic violence, stalking, or sexual abuse. Unfortunately, these issues are still all too prevalent in the United States. According to the National Domestic Violence Hotline, more than 1 in 3 women and 1 in 4 men in America will experience some form of rape, stalking, and/or physical abuse by an intimate partner. In the state of Illinois, committing acts of domestic violence, sexual assault, stalking, or other acts of violence is illegal. Because these crimes are often so personal in nature, orders of protection or no contact orders may be requested to prevent the offender from any further abuse. Each type of order is different and violating the terms of an order against you can result in serious criminal charges.
When Do Illinois Domestic Violence Charges Become Felony Charges?
Domestic violence is a serious systemic issue that has plagued the United States for years. As a response, prosecutors and other law enforcement officials have taken an aggressive approach to combat the issue, but it still remains prevalent in the country. According to data compiled by The National Domestic Violence Hotline, around 29 percent of women and 10 percent of men have reported experiencing rape, physical violence, and/or stalking by an intimate partner. In Illinois, domestic violence is a crime that can be elevated to a felony, depending on the specifics of the case. Felonies are crimes that carry serious consequences, but an experienced domestic violence lawyer can help you form a solid defense.
Misdemeanor Domestic Battery Charges
According to the Illinois Criminal Code, domestic battery occurs when any person knowingly and without justification causes bodily harm to any family or household member or makes physical contact of an insulting or provoking nature. The first instance of this crime is charged as a Class A misdemeanor, which is the most serious classification of a misdemeanor in Illinois. Class A misdemeanors carry up to one year in prison and up to $2,500 in fines.
How to Interact With Police During an Illinois Traffic Stop
Being pulled over by the police is something that almost all of us will experience at some point in our lifetimes. Whether the stop is for something trivial, such as a broken tail light, or a violation that is more serious, such as aggravated speeding or DUI, it can be stressful no matter what. Much of the anxiety and uncertainty that comes from a traffic stop often stems from the lack of interaction and knowledge of what to do when interacting with police. Traffic stops can end up ultimately resulting in serious criminal charges for various things, including inappropriate interactions with officers. It is important for you to know how to responsibly handle a traffic stop if you are pulled over in Illinois.
Do Not Give Police Officers a Reason to Be Suspicious
Frequently Asked Questions About Illinois’ Sex Offender Registry
Most people know that when they are convicted of a crime, the conviction will likely affect their lives in some way in the future. When it comes to certain offenses, such as sex crimes, the effect on your future can be a bit more severe than other crimes. Much of this is due to the fact that a conviction for most sex crimes will typically require you to register as a sex offender. Being a registered sex offender means you could be limited as to where you can live and work and you could also be subject to other requirements. If you have been charged with or convicted of a sex crime in Illinois, you should be aware of how the state Sex Offender Registry works. Here are a few common questions about the Illinois sex offender registry and their answers:
What Offenses Would Require Sex Offender Registration?
Are “No-Knock” Search Warrants Legal in Illinois?
For anyone who finds themselves in trouble with the law, their involvement with the criminal justice system begins with an arrest. There are many rules governing arrests and how they must be performed, all to protect the constitutional rights of the arrestee, who is by default, innocent until proven guilty. Many defendants facing a variety of charges may find that they were the subject of a search warrant, which is a document that allows police officers to enter certain places to attempt to retrieve evidence. However, in recent months, a specific type of search warrant, dubbed a “no-knock” search warrant, has been facing extreme scrutiny across the country.
What Is a “No-Knock” Search Warrant?
If the police need more evidence to officially charge a person with a crime, they may ask a judge to issue a search warrant. However, to do so, they must know the location they are searching, what they expect to find there, and what evidence they believe ties the person to the crime. If the police have reason to believe that the suspect is violent or that evidence may be destroyed, they may ask the judge to allow a no-knock provision in the warrant. This would allow the officers to enter the premises without having to announce their presence.
Can I Claim Self-Defense if I Am Charged With Assault and Battery?
The fight or flight response is a natural response that the human body has to stress or outside stimuli to determine if you are going to flee from the impending danger or stay and fight. In dire situations, the will to stay alive is a primal instinct and would lead you to do things that you would not normally do, such as using extreme force. This is why self-defense laws exist, or in Illinois’ case, the justifiable use of force laws. If you have been charged with assault and/or battery in Illinois, you may be able to argue that your use of force was justified.
Illinois Self-Defense Laws
In some situations, it is necessary for you to use force against other people to protect yourself or your loved ones from harm’s way. Illinois law states that you are justified in your use of force against another person to the extent that you reasonably believe such actions are necessary to protect yourself from another person’s unlawful use of imminent force. However, there are limitations to self-defense laws.
What Are the Consequences of Unlawful Use of a Weapon in Illinois?
Across the United States, firearms and other weapons are highly regulated in an attempt to keep them out of the hands of wrongdoers and to keep citizens safe. The state of Illinois is no exception. Illinois has some relatively strict laws when it comes to the possession and use of firearms and other weapons. These laws exist as a means to protect people and to keep the community safe, which is why a conviction for unlawful use of a weapon charge has the possibility of resulting in a misdemeanor or even a felony charge in some situations. The severity of the charge will depend on the circumstances surrounding the incident, which is why it is important to discuss the details of your case with a skilled criminal defense lawyer.
What Constitutes an Illinois UUW Charge?
What Are the Consequences for Embezzlement Charges in Illinois?
When you think of crime in general, you likely think of weapons, drugs, or violence. However, there are many other behaviors and actions that also constitute criminal activity. While-collar crime, for example, is not typically a violent or destructive type of crime, but it is still considered unlawful activity and encompasses behaviors such as fraud and embezzlement. In the state of Illinois, white-collar crimes such as embezzlement are taken rather seriously and can carry severe and unfavorable consequences if you are convicted. White-collar crimes can often get complicated, which is why it would be smart to hire a skilled Illinois criminal defense lawyer.
Embezzlement Laws and Consequences
In the simplest terms, embezzlement occurs when a person misappropriates or fraudulently takes the personal property owned and entrusted to him or her by another person. The most common form of embezzlement is the misappropriation of money, but there are various types. This property can be either tangible or intangible property. Tangible property may include jewelry and vehicles, while intangible property could be money, stocks, and bonds.
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Client accused of burglary was acquitted due to our skillful cross examination of eye witness identification.
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Client accused of first degree murder - Acquitted.
Client accused of embezzlement - Charges never filed.
Hundreds of Secretary of State hearings for Drivers License Reinstatement - Won.
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