Many of the people that I have represented in my 27 years of being a criminal defense lawyer have no criminal record and have little, or no experience, with the criminal justice system. For many people, the thought of facing criminal charges can be a daunting and scary experience. In addition to providing legal services in court, one of my main responsibilities as a criminal defense lawyer is to explain the legal process to my clients and to make sure they fully understand what is happening, and what will be happening in the future.
If you are being charged with a misdemeanor offense, a bond will be set at the police station by the police department. Depending on what you are being charged with, and your criminal record, the Bond could be anywhere from an I-Bond, or a minor cash Bond. An I-Bond is commonly known as a Signature Bond. With an I-Bond, no money needs to be posted. You just sign the Bond paper promising to appear in court and to not commit any criminal offenses. An exception to this is if you are charged with a Domestic Battery. You may be taken to court for a bond hearing if you are charged with a Domestic Battery, especially if the State will be seeking an Order of Protection or wants the Court to set special conditions of Bond which forbids you from making contact with the Complaining Witness. But if you are charged with a felony, you will be brought to court as soon as possible for a Bond Hearing and the judge will set a Bond. The first court date after your Bond Hearing will be a Preliminary Hearing date. I want to take this opportunity to explain what a Preliminary Hearing is and what will happen at the Preliminary Hearing.
Basically, a Preliminary Hearing is a short hearing before trial, before a judge, to determine whether probable cause exists to believe that a crime was committed and that you are the one that committed that crime. Probable cause, for Preliminary Hearing purposes, is different than what people commonly consider probable cause to be. For Preliminary Hearing purposes, probable cause simply means that the judge is convinced by a preponderance of the evidence, more probably true than not true, that there’s enough evidence to charge you with a crime and eventually put you on trial for that crime.
Chicago Criminal Lawyer Blog










Illinois has some very strict laws, rules, and regulations involving DUI’s. I frequently get questions from clients asking about whether they should or should not take a breathalyzer when they are requested to by a police officer. There is no simple yes or no answer to that question. Whether someone who has been stopped for a DUI should submit to a breathalyzer test or not is a very complicated question that depends on each case and the specific facts surrounding each case. All I can do is explain what the legal consequences of a refusal to submit to a breathalyzer test would be and what could happen if you take a breathalyzer test and you fail that test.
Just like State laws create State crimes, and Federal laws create Federal crimes, individual towns, cities and villages also create laws, called Municipal Ordinances, which can give rise to charges alleging a violation of a Municipal Ordinance. I’ve been handling criminal cases for the past 27 years throughout Cook County, DuPage County, Kane County, and Lake County. I’ve noticed a dramatic rise in the number of Municipal Ordinance Violation cases throughout all of these counties. Many cities, towns and villages have established their own Municipal Violation Ordinance Courts which mainly impose monetary civil penalties upon violators that have become big sources of revenue for these municipalities. I’m seeing more and more cases being charged as Municipal Ordinance Violations rather than criminal cases in Circuit Court. This is especially true in Chicago, DuPage County, Kane County, and Lake County. I see the number of Municipal Ordinanve Violation cases increasing in the future
This question cannot be answered with a simple yes or no answer. Unfortunately, the Illinois Unlawful Use of a Weapon (UUW) statute is a little complicated and requires an explanation. Another question I frequently get asked is: How do I legally transport a handgun in Illinois? Here it goes.
The short answer to this question is maybe. But whether you would be convicted of a Domestic Battery for simply slapping your child is a different question. This issue is a little complex so let me take a little time to explain what’s involved with this question.
If you have been placed on Probation this means that you either plead guilty to a felony, or were found guilty after a trial of a felony, and received a sentence of Probation from the court. A sentence of Probation is the sentence that you receive just short of going to jail. The court will require that you do certain things such as get a mental health evaluation and follow all treatment recommendations, get a drug and alcohol evaluation and follow through on any of their recommendations, perform community service or SWAP, get a high school diploma, or whatever other conditions that the court may require. Every case is different and the terms of the Probation will vary from case to case. While you are on Probation you cannot violate the law and you must appear for every court date and for every meeting with your Probation Officer. Plus, you must pay all the fines, fees and court costs.
I woke up to multiple news reports this morning that former National Security advisor, Michael Flynn, has offered to cooperate with Federal Investigators in return for a grant of immunity. I was watching news coverage and notice that the media is not reporting all of the various factors and steps that have to be taken in order for this to happen. The reporting is very simple. However, the topic is certainly more complex than what is being reported. I want to focus on a couple of things that the media is not talking about.