Chicago Criminal Lawyer Blog
When most people find themselves facing criminal charges, basic human instincts will kick in and they will want to try to talk themselves out of the predicament that they find themselves in. This usually happens early on in a criminal case when the police question you and want to get your side of the story. You always have the right to talk to the police and to testify at your trial, however, that may not always be the best strategy. In my 28-years of practicing criminal law, I can honestly say that the biggest mistake that most criminal defendants make is talking to the police. Sometimes, defendants continue making the same mistake and insist on testifying at trial. I want to talk about what your rights are when you are on trial and why you should think twice about talking to the police and testifying at trial.
The famous court case that discusses your right to remain silent is Arizona v. Miranda. The Miranda decision is famous because of Hollywood and TV crime shows. Everyone knows that the Miranda case gives you the right to remain silent and refuse to testify in court. But there is a little bit more to Miranda that people should be aware of. The Miranda case deals with the 5th Amendment to the United States Constitution. The Fifth Amendment states that you cannot be forced to be a witness against yourself. This means that you cannot be forced to tell on yourself. The Fifth Amendment in the United States Constitution is known as the Right Against Self Incrimination. The Fifth Amendment’s right to remain silent attaches the moment you are the subject of a custodial interrogation. What is critical in determining whether the Fifth Amendment applies to your case is whether you were in custody or not. Generally, whether you are in custody depends on whether an objective person feels that at the time you were questioned by the police, were you free to leave or not. Generally, if you are being questioned by the police and you were not free to leave, that would be a custodial interrogation which requires that you be advised of your right to remain silent and that you freely and voluntarily waive that right.
Your Fifth Amendment right to remain silent is different when it comes to testifying at trial. You are under no obligation to prove that you are not guilty at trial. The government, or the prosecution, has the burden of proving you guilty of each and every element of what you are being charged with Beyond A Reasonable Doubt. However, since you have the right to testify at your trial, only you can wave, or give up, your right to testify at trial. And since you have the right to wave your right to testify, only you can make the decision about whether you want to testify or not. Since you have the constitutional right to testify, or not, if you decide that you will not testify at trial, your decision to waive your right to testify cannot be used against you by the prosecution, judge, or jury. In other words, if you refuse to testify at your trial, if the prosecutor argues to a judge or jury that your refusal to testify shows that you are guilty, that would be improper and would likely lead to a mistrial for making those statements.
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.
Illinois has decriminalized the possession of small amounts of marijuana in Illinois. As of January 1, 2020, you can legally possess up to 30 grams cannabis flower. If you are visiting the State of Illinois, you can legally possess half of the amount that residents of Illinois can possess.
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?
The consequences and fallout from being arrested and facing criminal charges can last long after your case is finished. If you are found guilty, the case can follow you around for the rest of your life. If you win your case, and are found not guilty, or if the charges are dismissed, a routine background search may reveal the criminal charges. Even though the case was dismissed, or you want, a prospective employer will see that you were accused of a crime and may hold that against you in deciding whether to hire you.
DuPage County government officials have announced that DuPage County will be closing down the Downers Grove Field Court and moving all of the cases at that Branch Court to the DuPage County Courthouse in Wheaton. The change is expected to take place by the end of the year. The Downers Grove Field Court is located at 4000 Saratoga Avenue in Downers Grove. It is located inside American Legion Post 80. The Downers Grove Field hears Traffic Cases, Municipal Ordinance Violations, and minor Misdemeanor violations from The following municipalities in DuPage County: Bolingbrook, Burr Ridge, Clarendon Hills, Darien, Downers Grove, Hinsdale, Lemont, Lisle, Oakbrook Terrace, Westmont, Willowbrook, Woodridge, and the Illinois State Police.
As the Coronavirus spreads and the resulting crisis deepens, the impact to our Courts and criminal justice system are deepening. The Covid-19 virus has lead to the unprecedented closure of Courts throughout the State of Illinois. Every County Court system, as well as the Federal Courts, have been substantially impacted by this growing National crisis.