If you have ever watched a crime-related television program, you know that most episodes end with a suspect in handcuffs and, as the screen fades to black, you can hear the arresting officer begin to say, “You have the right to remain silent.” Thanks to this type of depiction in entertainment, most people are aware […]
Common Misconceptions About Your Miranda Rights Read More »
Illinois law presumes that a criminal defendant facing charges for assault or another crime is fit to be tried and receive a sentence. However, the law also recognizes that circumstances might render a defendant unable to comprehend the proceedings against him or to help with his own case. If the defendant has a mental or
Determining a Defendant’s Fitness to Stand Trial Read More »
Charges of driving under the influence are always serious. Intoxicated driving creates significant danger not only to the drunk driver, but to anyone else who may be sharing the road. As such, penalties for DUI can be severe, even for a first offense. However, in an effort to prevent future violations, provisions in Illinois may
First-Time DUI Offenders Have Options under Illinois Law Read More »
Over the last several years, the number of deaths associated with drug overdoses has skyrocketed. In 2015, more than 52,400 individuals died as the result of a drug overdose. Last year, estimates place the number of deaths at around 59,000. These statistics indicate that overdose deaths now claim more lives each year than auto accidents
Illinois Law Protects Those Who Seek Help in Overdose Situations Read More »
Criminal prosecution typically begins with an arrest. It is important to understand Illinois law regarding arrest procedures because if the authorities violate a defendant’s rights from the get-go, it could prejudice the state’s case. The following comes into play when a peace officer is allowed to make an arrest: The officer has a warrant ordering
Criminal Arrest Procedures Read More »
When the average person thinks about shoplifting—which is a form of retail theft —he or she is likely to envision the offender slipping unpurchased merchandise into a purse, under a shirt, or into a pocket. Shoplifting charges, however, cover a broad range of activities that all deprive the store of full payment for the merchandise.
Popping Tags Is Still Retail Theft Read More »
Reckless driving is one of the most frequently charged traffic violations. This is due, however, to the fact that the offense is defined broadly in the law and encompasses a multitude of behaviors. From speeding to failing to slow through a curve or rapid lane changes, reckless driving remains a “go-to” charge for many law
Reckless Driving – Will County Criminal Defense Read More »
Generally, the state must bring criminal charges within a prescribed time period, known as the “statute of limitations.” This time period varies according to the crime allegedly committed, but if a particular statute is silent on the issue, then Illinois law sets forth a general timeframe: Felony charges must be brought within three years of
How Long Does the State Have to Bring Criminal Charges Against You? Read More »
When the state presses criminal charges against an individual, that person may be detained in jail or another detention facility. However, Illinois law holds that most criminal offenses are bailable before conviction, meaning that defendants may be set free on bail prior to trial. The law withholds bail “where the proof is evident” or “the
Being Released on Bail or on Your Own Recognizance Read More »
Not too long ago, an Illinois man was charged with first-degree attempted murder, aggravated battery, and aggravated discharge of a firearm after allegedly shooting two sheriff’s deputies outside his home using a semi-automatic assault rifle. The man’s aunt has since been charged with unlawfully supplying that weapon to her nephew, whose firearm owner’s identification card
Unlawfully Supplying Firearms to Someone without a FOID Card Read More »
Traffic violations are no laughing matter. They can lead to serious consequences including the suspension of your driving privileges, in some cases. A recent incident on a California highway, however, left both the driver and the police officer smiling at the unique nature of the situation in spite of the potentially costly fine. A Dream
California Man Clocked at 88 M.P.H. While Driving Iconic DeLorean Read More »
The ability to appeal a criminal conviction is a constitutionally protected right that is incredibly important to the integrity of our criminal justice system. There are various reasons you may want to appeal a criminal conviction, including: Ineffective assistance of counsel; Faulty evidentiary ruling by the court; Faulty jury instructions; Unfair or biased trial; or
Can You Appeal Your Criminal Conviction Read More »
