Attorney James G. Dimeas
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Arrested-300x226I frequently meet clients who are expecting to be arrested in the near future. This past weekend, I met with a client who was questioned by their employer about some money that was missing. The client admitted to me that they had stolen some checks that have been written to their employer. The client informed me that their employer told them that they had notified the police and the client came to my office asking what they should do when they are arrested. This is a pretty common scenario in my practice. I frequently meet with clients who know that they are in trouble and that the day is coming that they will be arrested and be charged with a crime. Here’s what I told this client, and other clients, who want to know what will happen.

It is important to know that you are under no legal obligation to cooperate with the police when they want to question you about a potential crime that you may have committed. The Fifth Amendment to the United States Constitution gives you the right to not incriminate yourself. This means that you have the right to remain silent and not answer any questions that the police ask you about any crime that you may have committed. Probably the most common mistake that clients make when the police arrest them or question them about a possible crime is that clients think that they can talk themselves out of getting arrested and being charged with a crime. If you did nothing, then I suppose it makes sense to talk to the police. But if you know that you did something wrong and committed a crime, there is no logical explanation for talking to the police. If you know that you committed a crime and you are talking to the police, you will either tell them the truth, or you will lie to them. In either case, talking to the police when you know that you are guilty of a crime is not a smart move. Even if you believe you did nothing wrong, talking to the police and answering their questions is probably not a smart move either. You have no idea what information the police have. They may have incorrect information and by answering their questions, you may be giving their incorrect information more credibility than it deserves. The point of this paragraph is to advise you that if the police start asking you questions about a possible crime, you should immediately demand that they get you a lawyer.

Another common misunderstanding is that the police have to “read you your rights” once you are arrested. The only time the police have to “read you your rights” is when you are being questioned by the police and are you in the custody of the police and are not free to leave. A common example of this scenario is when you are placed under arrest and are taken down to the police station and the police put you in an interrogation room and start questioning you about a crime. In order for the police to be able to use any statements you make in that custodial interrogation, the police have to “read you your rights.” This means that the police have to inform you that you have the right to remain silent and that anything you say can and will be used against you in a Court of law. They also have to advise you that you have the right to a lawyer and that if you cannot afford a lawyer, one will be provided for you for free. Once you make a knowing and intelligent waiver of those rights, the police can question you and any statements you make during the course of the questioning can be used against you in Court. But there is no requirement that the police have to read you your rights once you are arrested.

Do-I-Need-a-Lawyer-300x201The title to this article comes from one of the most common questions I get asked by clients who call me to discuss their case. When I ask them what their question is, I’m frequently asked whether the client should have a lawyer for their case.

Many clients do not know the answer to that question because they don’t understand what the implications of a criminal case can be. Sometimes people don’t understand that what they are charged with is a crime. Yesterday I received a phone call from a client who was pulled over by a State Trooper and charged with driving 33 miles per hour over the posted speed limit. The client did not understand that what he was charged with was not a simple speeding ticket. In Illinois, if you are pulled over and charged with speeding 26 to 34 miles an hour over the posted speed limit, you will be charged with a Class B Misdemeanor. What he was being charged with is not a simple speeding ticket but an actual crime. A conviction for driving 26 to 34 miles an hour over the speed limit carries a possible jail sentence of up to six months in jail and a maximum fine of $1,500. If you are charged with driving 35 miles an hour and over the posted speed limit, you will be charged with a Class A Misdemeanor. A Class A Misdemeanor for driving 35 miles an hour over the posted speed limit carries a possible jail sentence of up to one-year in County Jail and a maximum fine of $2,500. Clients who call me with cases like this are frequently surprised to find out that they are charged with an actual crime and not a mere speeding ticket.

Last week I spoke to another client who was charged with a Retail Theft. The client wanted to know whether contacting the store and paying for the items that were shoplifted would mean that the Retail Theft case would be dismissed. I explained to the client that paying the store for the value of the items that were stolen would not cause the criminal Retail Theft case to just go away. The criminal case involves the Prosecutor’s Office. Any decision made about whether the case will be dropped or dismissed is made by the Prosecutor’s and not the store owners or the store security.

Grand-Jury-300x199The Grand Jury plays a very important role in our criminal justice system. Few people understand what a Grand Jury is and why it plays such an important role in our criminal justice system. A big reason for this is that the entire process is clouded in such secrecy. Clients are surprised and scared to hear that their case is going to a Grand Jury or that they have been indicted by a Grand Jury. The term “Grand Jury” can be scary for a criminal defendant who doesn’t understand what a Grand Jury is. Let’s talk about what a Grand Jury is and what role the Grand Jury plays in our criminal justice system.

Why Are There Grand Juries?

According to the Illinois Constitution, you cannot be brought to trial for a crime that carries a prison sentence unless you have been Indicted by a Grand Jury or have been given a Preliminary Hearing and a Judge has found Probable Cause to believe that a crime was committed and that you are the one that committed the crime. The term “Indictment” is a fancy word for being charged with a crime.

Criminal-Trial-300x201The right to a jury trial is one of the fundamental constitutional principles that applies to all criminal cases. If you are accused of a crime that carries a punishment of incarceration for more than 6 months, you have a constitutional right to a trial by a jury. The Illinois Constitution also guarantees you the right to a jury trial in a criminal case. Let’s talk a little bit about what a jury trial is and what happens in a typical jury trial in Illinois.

How Are Jurors Chosen for Jury Duty in Illinois?

The Clerk of the Court will receive a database containing the names and addresses of a pool of potential jurors in each County. The database containing the names and addresses of potential jurors are compiled from three sources.

UUW-300x226Every New Year brings us new laws and new regulations that impact the criminal law and the way we live. On January 1, 2019, several changes to the Illinois gun laws went into effect which make it a little more difficult for people to buy a gun and makes it easier for law enforcement personnel to take guns away from people that may be deemed dangerous. The final change is an attempt to stem the rising tide of mass shootings. The changes to the Illinois gun laws are set forth below.

The first amendment to the Illinois gun laws increases the waiting period for the purchase of a rifle. Prior to January 1, 2019, if you wanted to purchase a rifle, you had to wait 24-hours between the time you purchased the gun and when you could physically possess the rifle. This waiting period of time between the purchase and the actual possession of a gun is called the “cooling-off” period. The idea behind a “cooling-off” period is to give people a period of time to cool down and lower their emotions in the event that they are purchasing a gun because they are angry at someone. An example would be if someone is fired from their job and are upset and decide to buy a gun so they can go back to their place of employment and start shooting. Another example would be if someone is angry at their spouse and is buying a gun in response to their anger. The idea behind the “cooling-off” period Is that the law wants to give the purchaser an opportunity to cool off and lower their emotions so that a shooting does not occur. Under the new amendments, the “cooling-off” period for the purchase of a rifle has been increased from 24-hours to 72-hours. This amendment matches the “cooling-off” period that has always been in place for the purchase of a handgun. The “cooling-off” period for the purchase of a taser or a stun gun has not been changed. The “cooling-off” period for a taser and a stun gun is 24-hours.

The second change to the Illinois gun laws has to do with the way FOID card renewals are processed by the State of Illinois. In Illinois, you cannot own a gun without having been issued a Firearm Owner’s Identification Card (FOID). In order to obtain an FOID card in Illinois, you must fill out an application, pay a small processing fee, and wait until your application is processed. An FOID card is only good for a certain period of time. Once it expires, you must have your FOID card renewed. A major complaint of gun owners in Illinois who have an FOID card is that it can take a very long period of time to have their FOID card renewed. I have had cases involving clients who have been charged with Aggravated Unlawful Use of a Firearm where their FOID card had expired and they were arrested with a firearm while they were waiting to receive their new FOID card in the mail.

Criminal-Charges-300x200In general, there are limits to the amount of time that state prosecutors have to bring criminal charges before they are barred by the Statute of Limitations from filing any criminal charges. If the state files criminal charges beyond the time limit, or the Statute of Limitations, the person charged with the crime can appear in court and get the criminal charges dismissed.

The general rule is that the Statute of Limitations for most felonies is 3 years from the date of the offense. The Statute of Limitations for most misdemeanors is 18 months the date of the offense. However, for some crimes, there is no Statute of Limitations. There are certain instances in which the Statute of Limitations can be tolled, or paused, for a period of time. In other instances, the Statute of Limitations can be extended for a period of time. The Statute of Limitations for your particular case will vary depending on a variety of factors that apply to the particular crime that you are being charged with, or the specific facts of your case.

The Statute of Limitations will be tolled, or paused, under the following circumstances:

Violation-of-ProbationIf you are charged with a felony criminal offense in Illinois, you need to know what you are being charged with and what class felony that criminal charge is classified as. Generally, felonies in Illinois are categorized into one of the four classes of felonies in Illinois. Depending on which class your felony is classified as being, the potential penalty will will vary depend on what class felony your crime falls into. Murder is not considered to be part of the four classes of felonies in Illinois. Murder is considered its own special class.

Generally speaking, felonies are placed into one of four classes. The different classes of felonies in Illinois are set forth as follows:

Class 4 Felonies

Criminal-Defense-Lawyer-300x201If you are charged with a Misdemeanor crime in Illinois, you need to understand what a Misdemeanor is and what the implications could be for your future.  A Felony criminal charge is much more severe than a Misdemeanor criminal charge. But that doesn’t mean that a Misdemeanor is not a big deal. While whether you are charged with a Misdemeanor or a Felony may make all the difference in the world  you need to understand what a Misdemeanor is and what you are looking at when you go to Court.

Generally, a Misdemeanor carries a maximum penalty of up to one year in jail. If you are sentenced to jail for a Misdemeanor, the jail sentence will be served in County Jail while a Felony carries a potential jail sentence of more than one year in State Prison.

Within Misdemeanor crimes, there are three separate classes of Misdemeanors. The three different classes of Misdemeanors are set forth below:

DUII frequently receive phone calls from clients who are facing their second DUI. Many times, they do not understand how serious their case is and what they are facing. If you have been arrested and are charged with a DUI, and it’s your second DUI, you need to understand how serious this case could be and what the long-term implications to you could be. Not only could it cost you lots of money, but you could be labeled a convicted criminal for the rest of your life, end up in jail, sentenced to Probation, and lose your license for a very long time. Let me explain to you what makes a second DUI so serious.

A second DUI is a class A Misdemeanor which carries a possible jail sentence of up to one year in jail. A DUI will be considered a second DUI in Illinois as long as this is your second DUI ever. Unlike many other states, Illinois does not have a cut-off for how long ago your first DUI was for it to be considered your second DUI. Many states do not consider a DUI if it’s more than 10 years old. Illinois has no such limitation on how old your first DUI has to be in order for them to consider this is your second DUI. Most people that I talk to do not understand that it does not matter that their first DUI was 20 or 25 years ago. As long as they had a prior DUI, Illinois will consider your new DUI to be a second DUI.

You cannot receive Court Supervision for a second DUI. Court Supervision is a sentence that is not considered a criminal conviction on your criminal record. Court Supervision is simply not available for a second DUI. This means that a second DUI will result in a criminal conviction. Since you will be convicted of a Class A Misdemeanor, you will now have a criminal conviction on your criminal record that will appear on a routine background search. This may affect your ability to keep your job, get a job, obtain financial aid to go to school, or obtain and receive certain government benefits.

cannabis-buds-in-hand-300x287In recent years, laws regarding the Possession and Use of Marijuana have been changing throughout the country. This is true in the State of Illinois. In 1931, The Illinois Legislature made the recreational use of marijuana illegal. This legislation was part of a national trend which made the use of marijuana illegal nationally. In recent years, a new national trend has swept throughout the country which is having the opposite effect on the use of Marijuana. This trend clearly appears to be more accepting of the medical and recreational use of Marijuana. This national trend has swept into Illinois as well. In 2016, the Illinois Legislature decriminalized the possession of small amounts of Marijuana in Illinois. If you are caught with 10 grams or less of Marijuana, you will no longer be placed under arrest and subject to criminal prosecution and criminal penalties. In 2016 the State of Illinois made the possession of 10 grams or less of Marijuana a Municipal Ordinance Violation which only carries a civil penalty. The City of Chicago decriminalized the possession of small amounts of Marijuana in 2012.

In 2013, the Illinois Legislature enacted the Compassionate Use of Medical Cannabis Pilot Program Act. This Act legalized the use of Marijuana for medical purposes under certain tight regulations. When the Medical Marijuana Act was enacted in 2013, it was considered one of the most restrictive and prohibitive Medical Marijuana programs in the United States. Recently, Illinois Governor Bruce Rauner signed into law numerous changes to the Medical Marijuana program which have loosened many of the restrictions and made it possible for more people to be able to use Medical Marijuana legally in the State of Illinois.

The recent changes to the Medical Marijuana program in Illinois allows doctors to prescribe Medical Marijuana in place of opioids, for a short period of time, for patients in need of relief from pain. This change to the Medical Marijuana program is an attempt to stop the opioid epidemic from spreading. Another change to the Medical Marijuana program in Illinois removes the requirement that an applicant has to submit to a background search which required that a sample of their fingerprints be submitted with the application. This will have the effect of speeding up the process for being approved to use Medical Marijuana in Illinois. Prior to the recent changes to the Medical Marijuana program, it could take three to four months for an application to be approved. This will also make it possible for patients with a criminal record to be able to legally obtain and use Medical Marijuana. With the recent changes, once your application is accepted and payment is received, you can legally purchase Medical Marijuana at a state approved Medical Marijuana Dispensary by simply showing them your receipt from the Illinois Department of Public Health, the agency that is charged with administering the Medical Marijuana program in Illinois.