Articles Posted in Pre-Trial Proceedings

Learning that you have been indicted by a Grand Jury can be frightening, particularly if you have never been involved in the criminal justice system before. People often hear the word “indictment” and assume that it means the government has proven its case or that a conviction is likely. That is not what an indictment means. An indictment is a formal criminal charge. It means that a Grand Jury determined that there was probable cause to charge you with a crime. It does not mean that you have been found guilty, and it does not take away the prosecution’s obligation to prove the charges beyond a reasonable doubt if your case ultimately goes to trial.

As an Illinois criminal defense attorney, I have represented people facing serious felony charges at every stage of a criminal case. One of the first things I explain to a client who has been indicted is that the Grand Jury proceeding and a criminal trial are very different. Understanding that difference can make the process considerably less confusing.

What Is a Grand Jury?

One of the worst phone calls a person can receive is a call from a police detective telling them that they are being investigated for a crime they did not commit. Sometimes the accusation comes from someone they know. Sometimes it involves a former spouse, girlfriend, boyfriend, family member, coworker, neighbor, or business associate. Other times, the police may believe they have identified the right person based on what a witness told them, a photograph, surveillance video, cellphone evidence, or some other piece of information. Whatever the circumstances, I have found that most innocent people have the same immediate reaction:

“I didn’t do anything wrong. I’ll just explain what happened.”

That reaction is completely understandable. It can also be a serious mistake. I have been handling criminal cases for more than 34 years. One thing I have learned during that time is that innocent people can get themselves into trouble by assuming that the truth will automatically protect them. It does not always work that way.

If you just found out there is a warrant for your arrest, do not ignore it, do not panic, and do not walk into a police station and start talking. Those are three of the most important things I can tell you. I have been handling criminal cases in Illinois for more than 34 years, and I have seen people make their situation much worse because they reacted before they understood what they were dealing with. Some people immediately call the police and start asking questions. Others go directly to the police station because they think turning themselves in as quickly as possible is the responsible thing to do. Some decide to do nothing and hope the warrant eventually disappears. All three approaches can create problems. If there is a warrant for your arrest, the first thing you need is information. The second thing you need is a plan. You should know why the warrant was issued, what case it involves, what court issued it, what may happen when you appear before a judge, and what can be done before you surrender. That is where an experienced criminal defense lawyer can make a real difference.

Do Not Pretend the Warrant Is Going to Go Away

Let me start with the biggest mistake. Ignoring an arrest warrant is usually a terrible idea. A warrant can sit there waiting for you. You may go weeks or months without anything happening and start believing that nobody cares about it. Then you get stopped for speeding. The police officer runs your name. A few minutes later, you are in handcuffs. Or police officers show up at your house. Or they come to your workplace. Or you have contact with law enforcement over something completely unrelated and suddenly discover that you are being taken into custody because of an old warrant. When you ignore a warrant, you give up control over when and how the arrest takes place. I would much rather deal with a warrant on our terms than wait for the police to decide when they are going to deal with it.

I have been defending people charged with crimes in Illinois for more than 34 years, and I can tell you something that surprises a lot of people: The State does not always have forever to charge you with a crime. Police may investigate a case for months. Sometimes for years. Witnesses may come forward long after something allegedly happened. Detectives may reopen an old file. Prosecutors may decide years later that they suddenly have enough evidence to file felony charges. But prosecutors are still bound by the law. One of the first things I look at when somebody comes into my office facing an old criminal accusation is the statute of limitations. I want dates. When did this supposedly happen? When did the police first find out about it? When did the alleged victim report it? When did investigators identify my client? When were charges actually filed? And, most importantly: Did the State wait too long? That question can change the entire case.

What Is a Statute of Limitations?

A statute of limitations is a legal deadline. It limits the amount of time the government has to begin a criminal prosecution. Illinois criminal statutes of limitations are primarily governed by 720 ILCS 5/3-5 and related provisions of the Illinois Criminal Code. The idea behind these laws makes sense. The older a case becomes, the harder it can be to determine what actually happened. People forget. Witnesses disappear. Memories change. Documents get thrown away. Businesses close. Cellphones are replaced. Surveillance videos are erased. Electronic records disappear. Physical evidence can deteriorate. And sometimes witnesses begin remembering things differently after hearing the same story repeated for ten or fifteen years. Yet the accused is still expected to defend himself. That is why statutes of limitations matter. They are not loopholes. They are laws passed by the legislature that place limits on the government’s power to prosecute somebody indefinitely. And when the State misses that deadline, a defense lawyer needs to recognize it and act.

I frequently get calls from clients asking me what they should do because the police called asking them to come to the police station to answer some questions. Being asked by the police to come to the station for questioning can be intimidating and confusing. Whether you’re a witness, a person of interest, or potentially a suspect, it’s crucial to handle this situation carefully to protect your rights and avoid unintentionally complicating matters. Here, I will guide you through the essential steps to take if the police request your presence for questioning, so that you are informed and prepared.

1. Stay Calm and Composed

First and foremost, remain calm. A police officer’s request for questioning doesn’t necessarily mean you’re in trouble or under arrest. However, it’s important not to assume your role in their investigation. Keeping a level head allows you to think clearly and respond appropriately.

Illinois’s new bond law, officially known as the Pretrial Fairness Act, has been a topic of heated debate since its implementation. As a defense attorney who’s seen the law in action, I’m deeply concerned about its unintended consequences. While the intent of the law was to create a fairer pretrial system by eliminating cash bail, the reality has been that it’s resulting in people being incarcerated who otherwise wouldn’t have been. Let’s take a closer look at why this is happening and why we, as defenders of justice, must call for changes.

The Promise of Reform

The Pretrial Fairness Act is part of Illinois’s SAFE-T Act, which aimed to eliminate cash bail and address disparities in the criminal justice system. The goal was laudable: no one should be jailed simply because they can’t afford to pay bail. In theory, the system should evaluate a person’s risk to the community or likelihood of flight, not their bank account.

Illinois law places severe restrictions on the ability of people convicted of a felony from legally changing their names. Illinois law is among the strictest in the United States for convicted felons seeking to change their names. The Illinois Secretary of State allows Illinois license owners to put their gender identity on their licenses. Under current Illinois law, felons convicted of a crime that requires that individual to be placed on a state registry, such as a Sex Offender Registry, are barred from ever changing their name. The lifetime ban also applies to people convicted of Murder, Arson, and Identity Theft. Anybody convicted of any other felony has to wait at least 10 years after the completion of their sentence before they can petition the court to legally change their name.

For many years, efforts have been underway in Springfield to change the law to allow convicted felons to petition the court to legally change their names. The efforts have been led by the LGBTQ community in Illinois. People that have had gender-affirming surgery have been seeking to change Illinois law to reflect their current gender. Supporters of the legislation also point to the plight of victims of human trafficking who want to change their name to make it more difficult for their traffickers to find them.

A bill that would drastically change current Illinois Law for convicted felons who are seeking to change their name is currently sitting on the desk of Illinois Governor J.B. Pritzker after being approved by the Illinois Senate on January 10. The bill passed the Illinois House with bipartisan support in 2021. The Bill would lift the lifetime ban for those convicted of the certain crimes, such as Identity Theft, and for those convicted of a crime that requires registration to a registry. For those convicted of any other felony, the 10-year waiting period is removed and people do not have to wait 10 years to apply for a change of name just because they have a felony conviction on their record. However, anyone convicted of a felony who wants to legally change their name will be required to convince a judge to let them do this before they can change their name. Anybody who had been the subject of the lifetime band will have to convince a judge to approve it and County prosecutors will be allowed to object to the petitions. In cases in which County Prosecutors are objecting to the name change petitions, the petitioners will be required to convince the Judge that they are changing their names because they are transgender, were legally married, were the victims of human trafficking, or have valid religious reasons for changing their names.