Chicago Criminal Attorney
Chicago Federal Criminal Defense Lawyer
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Being arrested for a criminal offense in Illinois has severe legal, financial, and emotional consequences for the individual charged with the crime, as well as his or her family. Hal M. Garfinkel was a prosecutor, providing him with the knowledge about how the prosecution is going to build its case, and has 25 years of experience representing the interests of individuals involved in criminal cases. If you have been accused of a crime in the Chicago area, or throughout Illinois, or have learned that there is a pending investigation, it is critical to contact the Law Offices of Hal M. Garfinkel LLC, Chicago Criminal Defense Attorney as soon as possible. We will advocate zealously on your behalf, bringing energy, skill, and knowledge to your defense strategy.
An experienced Chicago criminal attorney plays a critical role in getting the best possible outcome for an individual charged with a crime. It is important to have an attorney with the skills and background to mount a comprehensive and detailed defense; however, the criminal defense attorney also must understand how the prosecution intends to present the case in order to counter the evidence being presented. Having experts such as investigators or reconstruction specialists on staff or retainer means that the defense attorney independently can investigate the evidence being used to support the charges and can discover flaws in the case. By doing this, it is possible to discover:
- Problems with the investigation procedures followed by the law enforcement officers;
- Undue duress during the interrogation;
- Improper police lineups;
- Over-broad search warrants or searches that were not based on sufficient evidence; and Any other actions that violate an individual’s Constitutional rights.
A complete dismissal of the charges is possible under certain circumstances. If this cannot be done based on the facts of the case then a reduction in charges and a decrease in penalties may be negotiated. The Law Offices of Hal M. Garfinkel LLC, Chicago Criminal Defense Attorney have an extensive history of getting acquittals at trial or getting a verdict on a lesser included charge.
It is important for anyone who has been arrested for a criminal offense in Illinois to refrain from talking to the police or any authorities without a Chicago criminal attorney. Law enforcement officers will try to get a person to make admissions and they are very good at their jobs–they are permitted to lie to the suspect and misrepresent the evidence that they have. It is crucial to assert your right to remain silent and wait for counsel to arrive.
Full-Service Chicago Criminal Defense Attorney
At the Law Offices of Hal M. Garfinkel LLC, Chicago Criminal Defense Attorney, we represent clients who have been accused of the following crimes:
- Federal Crimes
- Retail Theft
- Robbery
- Burglary
- DUI/DWI
- Drug Charges
- Federal Drug Crimes
- Federal White Collar Crimes
- Murder
- Sexual Offenses
- Child Sex Offenses
- Domestic Violence
- Orders of Protection/Restraining Orders
- Domestic Battery
- Weapons Charges
The ramifications of being convicted of one of these crimes in Chicago are life-altering. A person may face the following punishments:
- Jail or prison time;
- Fines, which may be thousands of dollars;
- Community service;
- Substance abuse classes;
- Probation;
- Sex offender registration;
- A criminal record that will appear in background checks for employment and other matters.
In addition to the direct consequences of an Illinois criminal conviction, there are many other social and economic repercussions that can have as much or more of an impact on a person’s well-being and happiness. These consequences include:
- The denial of a job offer because of the criminal conviction;
- Being turned down for rental housing;
- Ineligibility for certain professional licenses or certifications;
- Societal disapproval, which may lead to a loss of a social support network;
- Challenges in obtaining loans, whether for personal, academic, or business use;
- An inability to obtain security clearances necessary for certain employment opportunities;
- A negative impact on immigration status.
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Your lawyer should have a strong understanding of the laws that apply to
your case and the procedures followed in the court where you are facing
charges.
To get the best defense, you should work with an attorney who is
experienced in cases similar to yours, who can explain your best options
for defending against the criminal charges you are facing, and who can
negotiate an outcome to your case that will minimize your potential
consequences.
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Following an arrest, a person will typically be taken to their local
police department, where they will be booked and processed. In some
cases, police officers may conduct interrogations or obtain personal
information about a person’s criminal history.
Following a
DUI arrest, a person may be asked to take a chemical test of their blood
alcohol content (BAC), and refusal to take these tests will result in
the suspension of their driver’s license.
Depending on the
charges filed and other factors in the case, a person may be required to
pay bail before they can be released.
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You are not required to answer any questions asked by police officers or
provide anything other than basic information about your identity.
Police officers will typically read you your “Miranda rights,” which
state that you have the right to remain silent, that anything you say to
police officers may be used against you in a criminal case, and that you
have the right to be represented by an attorney.
In most
cases, it is advisable to avoid speaking to police or answering any
questions without having an attorney present.
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A person cannot be held in police custody for more than 48 hours without
being given the opportunity to appear in court. In some cases, a person
may be released, and a court date will be scheduled, while in other
cases, a defendant may appear before a bond court judge to determine if
they must post bail before being released.
A preliminary hearing will then be held to determine whether charges can
be pursued, and an arraignment may then be held where charges are
formally entered. The case will then proceed to trial.
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This initial hearing will determine whether police had probable cause to
arrest a defendant. Witnesses may be called to testify, including the
officer that made the arrest, and these witnesses may be cross-examined
by the prosecutor and the defendant’s attorney.
If the judge determines that the testimony shows that there is a
preponderance of the evidence to show probable cause, then the case may
proceed, and the prosecutor may officially file criminal charges against
the defendant.
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In this hearing, the formal criminal charges will be presented against
the defendant. The defendant will make a plea, and they will typically
plead “not guilty,” although this plea may be changed at a later date.
The defense attorney may make a motion for discovery to ensure that all
information used by the prosecution during the case will be available to
the defendant.
The court may also impose restrictions on the defendant, such as
requiring them to submit to electronic monitoring during the course of
the case. The defendant will also be required to appear at any future
court hearings.
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Before a criminal trial begins, the defendant’s attorney may request
that a conference be held between themselves, the prosecutor, and the
judge.
In this conference, both sides will present the facts of the case and
discuss the arguments they plan to make, and the judge will offer a
recommendation about an appropriate sentence for the defendant, allowing
the parties to reach a plea bargain and avoid the need for a trial.
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Since criminal charges against a defendant are pursued by law
enforcement officials and prosecutors, the opinions of an alleged victim
will not necessarily play a role in the decision about whether to
dismiss the charges.
In some cases, a witness’s choice not to testify in court may result in
a dismissal, but if a prosecutor believes they have enough other
evidence to demonstrate the defendant’s guilt, they may choose to
continue to pursue the case.
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Misdemeanors are less serious crimes, and a conviction may result in a
prison sentence of no more than one year or other penalties, such as
fines, probation, or community service. More serious crimes may be
charged as felonies, such as murder, sexual assault, possession or
delivery of controlled substances, theft of high-value items, multiple
DUI offenses, robbery, or burglary.
A felony conviction can result in a jail sentence of one year up to life
in prison.
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Alleged violations of state laws will be prosecuted in state courts, and
these cases will be subject to the applicable statutes regarding
criminal offenses and penalties.
Some more serious crimes may be prosecuted at the federal level, and
these cases typically involve alleged criminal activity that took place
across state lines, such as drug trafficking, distribution of child
pornography, or fraud.
Federal agencies such as the FBI or DEA may be involved in these cases,
and lengthy mandatory minimum sentences may apply if a person is
convicted.
There are many advantages to contacting a Chicago criminal defense lawyer before the charges are filed. This allows an experienced defense attorney to represent the client and protect his rights as well as influence the direction of the investigation as it unfolds. This also provides the opportunity to scrutinize the techniques of the investigating officers in order to ensure that there are no due process violations. Although it is not always possible to anticipate charges, if a person learns about an ongoing Federal or state investigation, it is crucial to contact a skilled criminal defense attorney like Hal M. Garfinkel immediately.
Give Yourself a Fighting Chance Against Criminal Charges
The Law Offices of Hal M. Garfinkel LLC, Chicago Criminal Defense Attorney represent clients in Cook, DuPage, and Lake Counties, as well as throughout the rest of Illinois. We are committed to providing an aggressive and effective defense for our clients. We understand the financial burden of defending against Illinois criminal charges, so we offer our Chicago criminal lawyer services at competitive rates in order to ensure that everyone has access to the best legal defense possible. In addition, we believe that it is critical for our clients to be able to reach us at any time, so we are available 24 hours a day, seven days a week, by telephone, email, or facsimile. Our initial consultation with prospective clients is free of charge. To schedule an appointment, call us at 312-270-0999 or complete our online contact form.