Chicago Criminal Lawyer Blog
Earlier this week, the Elgin Police Chief appeared before the City Council for her 2020 budget and informed the Elgin City Council that serious crime dropped approximately 17% from last year. The Chief of Police is requesting that she be allowed to hire 2 more 911 operators and 4 new part-time Auxiliary Police Officers for next year. Currently, the Elgin Police Department employees 184 sworn officers along with 85 civilian employees.
Last year, serious crime in Elgin increased by 5%. Last year’s increase was the first increase in serious crime in Elgin in 4 years. This year, there were 24 reports of shots fired in Elgin. 7 people were shot and there was 1 murder. This time last year, there were 31 reports of shots fired, 12 victims of gunshots, and 3 murders. 26 rapes were reported in Elgin this year. This time last year, 40 rapes had been reported. This represents a 35% drop in the number of rapes reported in Elgin this year. 41 batteries were reported in Elgin so far this year. This time last year, 95 batteries were reported. This represents a 57% drop in the number of batteries in Elgin. 34 assaults we reported in Elgin so far this year. This time last year, 52 batteries were reported. This represents a 35% drop in the number of assaults. 184 Burglaries to Autos were reported in Elgin so far this year. This time last year, 299 Burglaries to Autos were reported. This represents a 35% drop in the number Burglary to Autos. Last year, Burglaries to Autos increased by 18% over the previous year. The number of Thefts, Arsons, and Motor Vehicle Thefts, also decreased from last year. The number of Robberies in 2019 is at 54, which is the same as this time last year. The only serious crime that increased from last year was Burglaries which increased from 137 to 144. This represents a 5% increase in the number of Burglaries in Elgin so far this year.
The statistics for less serious crimes like Drug Offenses, Kidnappings, Simple Batteries, Assaults, Threatening the Use of Force, Disorderly Conduct, and liquor offenses, also show an overall decrease of approximately 5% from last year.
Lately, many of the phone calls I receive start off with clients telling me that they received a “speeding ticket” and asking whether they can really go to jail for their “speeding ticket.” I ask them how fast they were going, and if they were going 26 miles per hour, or more, over the posted speed limit, I have to explain what they are facing. I start off by explaining that what they received is not a speeding ticket. At least it’s not what most people commonly considered to be a speeding ticket. It’s called Aggravated Speeding in llinois. Speeding 26-miles per hour over the posted speed limit is a crime in Illinois. It’s called Aggravated Speeding and can be found at If you did not know this, don’t feel bad. Most people do not realize that speeding 26-miles per hour over the posted speed limit is a crime in Illinois until it happens to them. Sometimes, lawyers don’t even know that driving 26-miles per hour over the posted speed limit is a crime in Illinois (more on that later.) Illinois has made speeding 26-miles per hour over the posted speed limit a crime that carries potential serious consequences. Just like any other crime in Illinois, driving 26-miles per hour over the posted speed limit carries a potential jail sentence that all Illinois driver’s should be aware of. Let me explain.
Earlier this week, I met with a client who was pulled over by the State Police for driving 38 miles an hour over the speed limit on the Tollway. The client did not realize that driving 38 miles an hour over the posted speed limit in Illinois is a crime. He did not realize that he could be charged with a Class A Misdemeanor for driving at such an excessive speed. He did not know that he was facing the possibility of being sentenced to one-year in County Jail and fined up to $2,500.
A very common question I get from clients with criminal cases is whether they have to appear for every Court date. Earlier today I received a phone call from a prospective client who is facing a Possession of Stolen Motor Vehicle (PSMV) case in DuPage County. He informed me that he failed to appear for his last court date and the Judge issued a warrant for his arrest with a bond of $30,000. The prospective client asked if I could file a Motion in DuPage County to have the warrant vacated without him having to show up. He also wanted to know whether he would ever have to show up to court if he hired me. Apparently, the prospective client was recently hired for a new job and his employer is not allowing him to take any days off.
Early this morning I received a phone call from a prospective client who wanted to talk to me about a “speeding ticket” they received last night for going 30 miles per hour over the posted speeding ticket on a local highway. I receive such phone calls from prospective clients almost every day. Very few people calling me for cases like this really understand what they are facing. I have written about cases like this because I handle many cases involving Aggravated or Excessive speeding. These phone calls usually start off with the prospective client wanting to talk about a “speeding ticket” they recently received. Once I find out that the “speeding ticket” is for 26 miles per hour, or more, over the posted speed limit, I usually have to explain to the prospective clients that what they are facing is not a simple speeding ticket. If you are cited for going 26 miles an hour, or more, over the posted speed limit, what you are facing is an actual criminal charge of Aggravated or Excessive Speding. Going 26 miles or more, over the posted speed limit is an actual crime in Illinois that carries a potential jail sentence. Let me explain.
Today we are going to talk about hearsay. The legal term, “hearsay,” is one of the most misunderstood legal terms in the law. Last weekend I had a client in my office that I was preparing to testify for a trial that was coming up. I asked the client a couple of questions and the client said that the Court would not allow me to ask that question because it was hearsay. I found myself explaining the term to the client and realize that most people do not really understand the legal meaning and implications of the term “hearsay.” So let me explain what hearsay is and how it could impact your criminal case.
I 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.
The 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.
The 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.
The 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.