Chicago Criminal Lawyer Blog
This morning I met with a client who was charged with a Domestic Battery against his wife last weekend. He and his wife have been going through some marital problems for several months which led to a very heated argument over the weekend. At the end of the argument, my client left the house to go for a ride in his car. After a couple of hours, he received a police a phone call from the local police asking him to return to the home so they can talk to him. When he arrived at his house, he found out that his wife had called 911 to report that she was a victim of Domestic Violence at the hands of my client. She told the police that when she tried to call the police my client fled from the residence in his car. My client insists that these allegations are false. My client’s wife obtained an Order of Protection and my client is not allowed to return to his house nor have any contact with his children. The client was very upset and was complaining that he should not have to hire a lawyer because he is innocent. This attitude by criminal defendants is very common. You need to understand how important it is that you have an experienced and knowledgeable criminal lawyer by your side if you are being charged with a criminal offense. Let me explain why.
The Sixth Amendment to the United States Constitution gives you the right to have a lawyer represent you whenever you are facing criminal charges. The Sixth Amendment also gives you the right to the lawyer of your choice, even if that means that you want to be your own lawyer. It’s important to understand what representing yourself means. Representing yourself means that you have the right to act as your own lawyer. It’s important to understand that if you exercise your Sixth Amendment right to represent yourself, you will be held to the same standards as any lawyer would. The prosecutor is a lawyer. Many prosecutors are highly experienced lawyers. Most prosecutors are in court all day, and have handled countless criminal cases. They have a law degree, passed a Bar Exam, a law license, and have the necessary knowledge and experience required of any lawyer who handles criminal cases. Most criminal defendants that represent themselves do not have the education, knowledge, and experience that the prosecutor has. If you choose to represent yourself, you should be aware of the obstacles you will face and how you are probably out of your league by taking on an experienced prosecutor. Do not think that because you are not a lawyer that the judge will cut you a break and not hold you to the same standards as any lawyer appearing in Court. You should not expect the Judge to help you or guide you through the process. You will be expected to know what you are doing and you will not be helped because you are not a lawyer. If you lose the case, you cannot get a new trial because you didn’t know what you were doing.
Your guilt or innocence will be determined by the judge or jury. The prosecution has the burden of proving you guilty Beyond A Reasonable Doubt. This means that the State has the burden of proving that every element of the crime that you are charged with has been proven by the state beyond a reasonable doubt. If the judge or jury are not convinced of your guilt beyond a reasonable doubt, you will be found not guilty of the criminal charges. Your job is to create reasonable doubt in the State’s case by challenging their evidence and their witnesses. An experienced criminal defense lawyer knows how to do this because they’ve done it before. If you’ve never done it before, trying to defend yourself in court can be an uphill battle. An experienced and knowledgeable criminal lawyer knows the laws and the Rules of Evidence which governs how evidence can be introduced in Court. If the prosecutor tries to introduce evidence that is not admissible in court, your lawyer will know to object and prevent the evidence from being introduced and admitted into evidence. If you fail to object, not only does the evidence come in, but you will lose your right to appeal because you never raised the objection. It is not an excuse to claim that you are not a lawyer. While every case is different, the basic principles in our criminal laws apply to all criminal cases. The Rules of Evidence govern the admissibility and exclusion of evidence. An experienced and knowledgeable criminal defense lawyer understands with the principles of our criminal laws are and knows what the Rules of Evidence are.
A few weeks ago, I signed up a new DUI case in Rolling Meadows. The client is only 23 years old and this was his first DUI. The client’s car broke down on the way home from a friend’s house and he had to to pull his car over by the side of the road. After a short time, a police officer approached his car and started asking him questions. The officer asked my client to perform the Standard Field Sobriety Tests on the side of the road and the client declined to do so because he is recovering from ankle surgery and was worried that he would fail the tests. The officer asked the client to blow into a Portable Breath Device to determine whether he was good to drive, and the client complied with the request. The Portable Breath Test indicated that he was slightly over the legal limit. The officer informed my client that he would be taking him to the police station to prepare some paperwork. When my client arrived at the police station, he was asked to take a Breathalyzer Test and refused. The officer told my client that he would be taken to the hospital for a blood draw to determine what his Blood Alcohol Level was. The client has a fear of needles so he refused to go to the hospital. The officer told my client that if he did not take a Blood Test that he would be placed under arrest. Fearing that he would be arrested for refusing to take a Blood Test, my client agreed to go to the hospital and agreed to have his blood drawn. Even though the police did not have the blood results, they arrested him and charged him with a DUI anyway.
Arguably, the most common question I am asked by clients. This happens all the time with Domestic Battery cases. While it’s always better to have a victim, or complaining witness, that is willing to cooperate with the defense, it does not mean that the case will be dismissed or that the Defendant is guaranteed to win their case. Let me explain.
The best evidence that the police and the prosecutors have to prove a DUI in Court is a Breathalyzer Test. While it is not necessary for the State to have a breathalyzer test to prove you guilty of a DUI in Court, it is the best evidence that the state can have in a DUI case. I frequently talk to clients who do not understand what a Breathalyzer Test is and how easy it is to get a result that could make it very difficult to fight a DUI case. I want to discuss some facts about the Breathalyzer Test and eliminate some common misunderstandings.
I frequently speak to clients who have been arrested for a DUI. After the initial shock of being arrested wears off, most DUI clients start to think about the future and the possible implications of having a DUI. As with most things, most people do not think about what could happen to them if they picked up a DUI until it actually happens to them. When I receive those calls, most clients are initially worried about whether they will be going to jail. After I explain to them that jail is usually not an option for a first time DUI, the next question is whether they will lose their license as a result of the DUI. I want to take an opportunity to talk about how a DUI can affect your drivers license.
I often have to catch myself when I’m talking to my clients about their criminal cases. As lawyers, we sometimes use terminology that while it may be common for us, is foreign to most people who are not involved in the criminal justice system every day like we are. The other day I was talking to a client about the status of their criminal case and I mentioned to the client that I was ‘waiting for Discovery’. I didn’t give the terminology a second thought, assuming that the client knew what I was talking about. However, the client made it very clear that they did not understand what I was saying and I realized that most clients probably feel the same way. I want to take this opportunity to describe what Discovery is and why it sometimes takes a long time time for Discovery to be complete.
After 28 years of practicing criminal law, it is very rare to hear a client tell me something about a criminal case that I never heard before. Throughout the years, I have handled thousands of DUI cases. While every case is unique, there are certain common elements to certain criminal cases. This is especially true with most DUI cases. While it is common for me to speak with clients who were arrested for a DUI, for the clients I am speaking to, this is a unique and scary experience for them. Part of my job as a criminal defense lawyer is to listen to the client and guide them through the process so they understand what is happening and how the criminal justice system works. In this post, I want to explain to my readers what a typical DUI arrest looks like.
When a criminal defendant pleads guilty, or is found guilty, of a criminal charge, the impact of the punishment depends on the sentence imposed by the Court. The Court can impose a variety of sentences in a criminal case. Perhaps, the best, or the least severe sentence in Illinois could be Court Supervision. The most severe punishment would be a conviction and the imposition of a jail sentence. I want to take this opportunity to discuss Court Supervision and why this may be the best option for your criminal or traffic case. This will be a general discussion of Court Supervision in Illinois. You should consult with your criminal defense lawyer to see how a sentence of Court Supervision would apply to your case and your particular situation.
The internet has made it easy for people to sell items online to make some extra money. Popular websites, such as eBay and Craigslist, have made it easy for almost anyone to instantly go into business by simply using a computer or a cell phone to get into the retail business. However, you should be aware of the potential pitfalls of doing business like this. Recently, I was hired to represent a client charged with violating the Illinois Counterfeit Trademark Act. The Counterfeit Trademark Act (765 ILCS 1040/) makes it a crime to sell look alike goods or services bearing a fake trademark or logo. The client that I was hired to represent was selling knockoff high-end watches on Craigslist that he had purchased legally from China. The client was buying the watches for about $50 and selling them online for between $200 and $250. This was not the clients main source of income, but it made him enough money to comfortably pay his bills and provide for his family. That’s until the client was arrested charged with violating the Counterfeit Trademark Act. It was not until the client came to my office bad he found out that what he was doing was against the law and that it carried some pretty serious criminal and monetary penalties.
Children are not considered adults until they reach 18 years of age. But what happens if a child, under the age of 18, commits a crime? Can they be charged and prosecuted as if they were an adult, or will the criminal justice system treat them as a juvenile who will be prosecuted in Juvenile Court?