Chicago Criminal Lawyer Blog
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.
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.
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.
Every 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.
In 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.
If 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.
If 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.
I 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.
In 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.
I frequently receive phone calls from clients who have received a speeding ticket for driving at a high rate of speed. While speaking with these clients, it is not uncommon for me to find out that they were driving at such a high rate of speed that I need to explain to them that what they are charged with is not your typical, run-of-the-mill, speeding ticket. I end up having to explain to them that what they are facing is a criminal charge known as Aggravated or Excessive Speeding that carries a possible jail sentence in County Jail. Let me explain how an Aggravated or Excessive Speeding ticket in Illinois can land you in jail and lead to a criminal conviction that will appear on your record in a routine background search.