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When someone runs after seeing the police, officers are naturally going to become suspicious. But suspicion and probable cause are not the same thing. I have handled criminal cases for many years where the legality of a police stop, arrest, or search became one of the most important issues in the case. One of the first questions that has to be asked is not simply what the police eventually found. The more important question may be: What did the police know before they stopped, arrested, or searched the person? That distinction can make a tremendous difference. If the police see someone run and eventually discover drugs, a firearm, or other evidence, the fact that something illegal was ultimately discovered does not necessarily make everything the police did beforehand lawful. Courts generally examine the facts known to the officers when they acted. This brings up an important question: Is running from the police, by itself, enough to establish probable cause to arrest you or search you or your vehicle? Generally, the answer is no. Flight can certainly be an important factor, but it does not automatically give the police unlimited authority to arrest or search someone.

The Fourth Amendment Protects You From Unreasonable Searches and Seizures

The starting point is the Fourth Amendment to the United States Constitution. The Fourth Amendment protects people against unreasonable searches and seizures by the government. This constitutional protection applies to police encounters ranging from temporary investigative stops to arrests and searches of vehicles, homes, and personal property. One of the most important things to understand is that there are different legal standards governing different police actions. Police may sometimes temporarily detain someone based upon reasonable suspicion. An arrest ordinarily requires the higher standard of probable cause. Those terms are sometimes used interchangeably in everyday conversation, but legally they mean different things.

Grand-Jury-300x200If you or a loved one has been indicted by a Grand Jury, you may feel overwhelmed and uncertain about what comes next. As an experienced criminal defense attorney, James Dimeas will help you understand the Grand Jury process, what it means to be indicted, and the critical steps that follow. Knowing how the system works is essential to protecting your rights and building a strong defense.

What Happens When You Are Indicted by a Grand Jury in Illinois?

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.

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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.

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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.

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If you are on probation in Illinois and someone tells you that a probation violation has been filed against you, take it seriously. Very seriously. I have represented people charged with probation violations for more than 32 years, and one of the biggest mistakes I see people make is waiting too long to deal with the problem. They assume it is just another court date. They assume they can explain what happened to the judge. They assume that because the violation seems minor, nothing serious is going to happen. Those assumptions can get you into trouble.

Probation is usually given to someone instead of a jail or prison sentence. That is the good news. The bad news is that when you are placed on probation, the judge is giving you an opportunity to stay out of custody while requiring you to follow certain rules. If the court believes you broke those rules, the judge can bring you back into court and reconsider what happens to you. Depending on the case, jail or prison can be back on the table. That is why I tell clients not to treat a probation violation like some routine technical problem. Before I do anything else, I want to know exactly what probation claims happened, what evidence exists to support that allegation, and what sentencing exposure my client is facing if the judge finds a violation. Those are the questions that matter.

What Does It Mean to Violate Probation in Illinois?

Chicago-Criminal-Lawyer-200x300As a seasoned criminal defense attorney with decades of experience handling felony cases throughout Cook County, DuPage County, Kane County, Lake County, and the greater Chicago area, one of the most important questions I regularly address with clients is whether they can still be charged with a crime after many years have passed. This issue hinges on what’s known as the “statute of limitations.”

In this blog post, I’ll explain what the statute of limitations is, how it applies to felony charges in Illinois, the exceptions that can extend or eliminate these time limits, and what happens if you’re charged after the statutory period has expired. I’ll also discuss real-world examples and why having an experienced criminal defense attorney like myself is crucial if you’re facing a felony charge that may be time-barred.

What Is the Statute of Limitations?

DUI-Lawyer-in-Court-200x300Being charged with a DUI in Illinois is one of the most stressful experiences a person can face. Not only are you suddenly facing the frightening possibility of losing your freedom, but the potential consequences can affect your driver’s license, career, finances, and reputation. Many people make the mistake of thinking they can handle a DUI case on their own or that hiring just any attorney will do. The truth is simple: you need an experienced DUI attorney who knows how to navigate DUI law, build strong defenses, and protect your future.

As an attorney with decades of experience defending DUI cases throughout the Chicago area, I’ve seen firsthand how a skilled DUI lawyer can make all the difference in the outcome of your case. Below, I’ll explain why choosing the right attorney matters, what defenses are available in DUI cases, and how a strong legal defense can help you move forward with your life.

The Serious Legal Consequences of a DUI in Illinois

Retail-Theft-Shoplifting-300x300If you’ve been accused of shoplifting in Illinois, you’re probably wondering how long the authorities have before they can arrest and charge you with Retail Theft. As a seasoned criminal defense attorney with over 32 years of experience defending clients across the Chicago area, I can tell you that shoplifting charges—legally known as Retail Theft—can catch people by surprise, especially when the arrest doesn’t happen right away. In this blog, I’ll explain how long the police have to make an arrest, how the law defines Retail Theft, real-life case examples, and what consequences you could be facing. Whether you made a mistake or were falsely accused, understanding your legal situation is the first step toward protecting your future.

What Is Retail Theft in Illinois?

Under Illinois law (720 ILCS 5/16-25), Retail Theft is defined as taking possession of, carrying away, or transferring any merchandise from a retail establishment with the intent to deprive the merchant of the full retail value of that merchandise. This includes:

DUI-License-Suspension-300x300As an experienced DUI defense attorney in Illinois, one of the most common and confusing questions I get from clients is this: “Can my license still be suspended even if I’m found not guilty of a DUI?” The answer is yes—under Illinois law, your driver’s license can be suspended even if you beat the DUI charge in court. This surprises many people and is often one of the most frustrating aspects of a DUI arrest.

In this blog, I’ll explain how this happens, what the Statutory Summary Suspension is, and how you can fight to keep your driving privileges. If you’ve been arrested for DUI in Illinois, understanding these issues is absolutely critical, and hiring an experienced criminal defense attorney can make all the difference in protecting your license and your future.

What Is a Statutory Summary Suspension?

Criminal-Sentences-300x300If you are facing criminal charges in Illinois, understanding your options for resolving your case is crucial. As an experienced criminal defense attorney, I often explain to my clients the key differences between Conditional Discharge and Court Supervision, two sentencing alternatives available in Illinois. Both can help you avoid jail time, but they come with different consequences and benefits. Knowing the difference can impact your future, your criminal record, and your ability to move forward after a legal issue.

What is Court Supervision in Illinois?

Court Supervision is a deferred dismissal of charges available for certain offenses, typically misdemeanors and minor traffic violations. If granted, you must comply with certain conditions set by the court, such as completing community service, attending counseling or treatment programs, or paying fines. Once you successfully complete the terms, the case is dismissed without a conviction appearing on your criminal record.

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