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…
Articles Posted in Pre-Trial Proceedings
The Jury Trial for Criminal Cases in Illinois
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…
The Statute of Limitations and Criminal Cases in Illinois
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…
What is a Felony in Illinois?
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…
What’s a Misdemeanor in Illinois and What Can it Mean for Your Future?
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…
Supreme Court Expands Privacy Rights for Cell Phones
In a closely-watched decision regarding the privacy rights of cell phone users and the power of the police to obtain cell phone tracking information, the United States Supreme Court ruled that the police must obtain a warrant before obtaining the tracking information for the cell phones for most cellphone users.…
What is Double Jeopardy? Can I Be Retried Again?
I recently met with a client who had a jury trial for a Domestic Battery charge. After several days of a trial and deliberations, the jury could not agree on a verdict and the judge declared a mistrial. Shortly after the mistrial was declared, the prosecution decided that they would…
Can A Minor Be Questioned by the Police Without a Lawyer or Parent Present?
I recently met with a client whose son had been questioned by the police at the police station and charged with a Retail Theft. The client was complaining that the police questioned her son at the police station without providing a lawyer for him and without allowing her to be…
What Happens If You Are Arrested?
Being arrested by a police officer is something that nobody would ever want to experience. While being arrested by a police officer does not automatically mean that you will be charged with a crime, it usually means that you are suspected of committing a crime and you should be aware…
Does My Lawyer Have to Give Me Copies of the Police Reports for my Case?
Last week I had a meeting with a client in my office in Schaumburg who was being charged with a felony in Rolling Meadows. The client has a lawyer who was representing him for the case. The client came in for a consultation because he was not happy with the…