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Hal Garfinkel is retained as the defendant's lawyer in the Chicago high profile murder case of Marlen Ochoa-Lopez. Read more...
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Illionois defense attorney,  Illinois criminal defense lawyer, IL criminal defendant rights, Being accused of any type of crime can be completely overwhelming and confusing, whether it is a federal drug crime or an allegation related to child pornography. A criminal defendant may not know that he or she still has certain rights after being arrested and charged with a crime. These rights are protected by the United States Constitution and other state and federal laws. If you are facing criminal charges, it is important to remember that you are innocent until proven guilty, and you deserve to be treated with dignity and respect. It is important to know about the rights every criminal defendant has and what to do if your rights have been violated.

The Right to Remain Silent

Even if you have never before been arrested, you are probably familiar with the “right to remain silent.” This right is listed along with many others during the Miranda Warning—which should have been read to you during or after your arrest. You have a right to stay silent when questioned by police so that you can avoid incriminating yourself. Many criminal defendants inadvertently give police and prosecutors evidence which is later used against them by talking too much in the moments after the arrest, so it is critical that you do not consent to police questioning until you have an attorney present. An experienced criminal defense attorney will help you avoid the tactics that police often use in an attempt to get you to admit to a crime.


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Illionois defense attorney,  Illinois criminal defense lawyerReceiving a federal grand jury subpoena is very frightening. You must take action as soon as possible, as the consequences of doing nothing are great. You may not know whether you are the suspect in a criminal case, or if the federal prosecutor wants to speak to you as a witness. Taking action can help clear this up, and make sure you protect yourself. Below are a few tips that will help you do just that.

Contact the United States Attorney’s Office

After you receive your subpoena, there’s a very good chance that the U.S. Attorney’s Office will know much more about the case than you will. You will need to contact them, but it is likely that they will be very reluctant to discuss the case with you, particularly if you are a suspect in a criminal case. This task should be left to a federal criminal defense attorney that will understand how to handle the U.S. Attorney’s Office.


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Illionois defense attorney, Illinois federal crimes lawyer, Illinois criminal defense lawyerUnder the Fourth Amendment, investigators must have a search warrant in order to search your home. When a judge gives them this warrant, you have no choice but to allow them into your home to search within the provisions of the warrant. The things that you do and do not do during a search can have a significant impact on your case. The very first thing you should do is get a lawyer. A federal criminal attorney will ensure your rights are upheld and help you prepare for anything that might come next.

What a Search Warrant Means

Many people do not know what a search warrant means. Does it mean an arrest will follow? What are the investigators looking for?


Illionois defense attorney, Illinois federal crimes lawyer, Illinois criminal defense lawyerThe Supreme Court recently handed down a decision that has been considered a win for those accused of crimes. In Carpenter v. United States, the high court ruled that in order for a government entity such as the police to get cell phone location records a warrant is required in most cases.

Prior to this ruling, the government could review any citizen’s cell phone location records simply by stating to the cell phone carrier that the information was needed for an investigation.

The information at issue is data kept by cell phone companies that can prove where the cell phone was at any given time. Phone companies can tell where a cell phone is by using GPS data or cell site location information (CSLI). CSLI can only record the general area a cell phone is in based on which cell towers are being used by the phone.

Illinois defense attorney, Illinois criminal lawyer, Illinois criminal justice statutes,Innocent or not, having criminal charges filed against you is a very serious matter, and facing those charges can be stressful. The legal system in Illinois is complicated, and those with criminal charges have to navigate past obstacles, trials, pleadings, paperwork, and a variety of other serious legal procedures. While some may suggest that hiring a criminal defense attorney is not necessary, doing it on your own can be extremely challenging. Even those with legal knowledge may not be equipped to handle their own criminal case. Do not go through this stressful time alone. A skilled criminal defense attorney can help ease your anxiety and help you navigate the complexities of the legal system. Here we explore a few of the many benefits a criminal defense attorney can provide to you and your case. They Understand the Criminal Justice System A criminal defense attorney is the best support anyone facing criminal charges can have. A qualified attorney will have experience navigating the legal system, and will be able to help their clients in numerous ways. They are specialized in criminal law, and can help their clients build a strong case. They will help you review evidence, and will also ensure to take advantage of any legal loopholes that may work in your benefit. Additionally, an experienced criminal defense attorney will likely know the prosecution, the judges, and other members of the criminal law system. This knowledge and experience will help an attorney build a stronger case, and they may be able to make agreements with the prosecution to reduce harsh penalties or ask for leniency. They Can Help You Strategize A good defense requires strategy. A criminal defense attorney can review your case and help you design a strong strategy for your defense. In preparation for trial, they may conduct their own investigations, make negotiations, and use a variety of other tactics to help their client get a beneficial outcome. They Will Take Action Quickly In many instances, the longer a criminal case lasts, the lower your chances of success. An attorney can help you take action immediately, which can provide a more beneficial outcome. If you wait to seek help, you are simply allowing the prosecutors a chance to build a stronger case against you. Additionally, because a defense attorney has experience with the legal system, they can help you navigate the process quickly and accurately. They Have a Team Behind Them Building a good defense is not easy matter, and requires serious work beforehand. Fortunately, when you hire a criminal defense attorney, you will also benefit from the staff they have behind them. Gathering and reviewing evidence, finding experts to testify on your behalf, seeking out witnesses, and preparing important documents all take time, and an experienced criminal defense attorney should have a qualified staff who are able to help. They Can Protect You It is common for prosecutors to dole out harsh penalties to those accused of committing a crime. A criminal defense attorney can help protect you from any unfair sentencing, and will fight to reduce any consequences you may be facing. Also, keep in mind that once you hire an attorney, all contact with law enforcement has to go through your lawyer first. This will help protect you from any encounters with law enforcement where you may be pressured or intimidated into saying something damaging.

Do not leave your fate in the hands of someone inexperienced. When facing criminal charges, your future and the future of your family could be on the line. At the Law Offices of Hal M. Garfinkel LLC, Chicago Criminal Defense Attorney, our attorneys have experience handling a wide variety of criminal cases. Hal himself is a former Illinois prosecutor, and he and his team will work to serve you in any way possible. Contact a skilled Chicago criminal defense attorney today at 312-270-0999 to schedule your free consultation.

  Source: https://www.nacdl.org/champion.aspx?id=24996


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