Posted on December 18, 2014 in Criminal Defense

Most individuals know that taking another human life without a defense or justification is a crime. But not all takings of life are punished in the same manner. Depending on the circumstances surrounding the taking of another life, a person can find him- or herself charged with any one of a variety of homicide-related offenses. Obviously, the more serious the homicide offense, the more severe the penalties a criminal defendant can expect to face. Aggressive and knowledgeable defense counsel can help defendants by arguing the facts support a less-severe form of homicide and ensure their clients face the least severe penalties as possible.

First Degree Murder

First degree murder occurs when an individual kills another and:

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 Posted on December 16, 2014 in Criminal Defense

When you have been a victim of a civil rights violation in Illinois, the effects on you and your family can be particularly hurtful. Whether your rights were violated by police officers who used too much force against you during an arrest, a hiring manager who considered your age, race, or national origin in making a decision not to hire you, or your employer who passed you over for a promotion, the damages and injuries you experience can be devastating. Both federal and state law provide remedies and damages and individuals can recover when their civil rights have been violated. The precise nature of the violation or violations will dictate what sort of remedies you can receive.

Injunctions and Orders

If a private employer has discriminated against you either as a job applicant or as an employee, a court can enter injunctions or orders requiring the employer to take certain remedial actions. These actions can be to stop any discriminatory practices, to take steps to ensure further discrimination does not occur, and (in some cases) to give you the position or promotion you were denied.

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 Posted on December 11, 2014 in Criminal Defense

Not all conversations are admissible in court. The law gives special protection to communications between certain individuals, prohibiting the introduction of these communications in court. One of the more famous “protected conversations” is the conversation that takes place between an attorney and his or her client. The idea behind protecting these conversations from disclosure is to allow clients to speak freely and truthfully with their attorneys. Despite this legal protection, however, some law enforcement officers still attempt to listen into what clients tell their attorneys, a violation of that attorney-client privilege.

In a recent publicized case, a criminal defendant was brought in for an interview relating to a manslaughter investigation. As most such interviews are, this particular interview was recorded using a video camera and microphone. When police needed to take a break, they left the defendant in the interview room with his two defense attorneys – and they left the recording equipment on. Over the next 11 minutes of conversation, police recorded a discussion between the defendant his attorneys about trial strategy. Law enforcement claimed the eavesdropping was unintentional, while the defendant argued that not only were his constitutional rights violated, but that law enforcement violated federal and state eavesdropping laws.

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 Posted on December 09, 2014 in Criminal Defense

Roughly nine out of every 10 criminal cases in the United States are resolved through some sort of plea agreement. Usually, these agreements require the defendant to accept some criminal liability for some criminal offense in return for a more lenient sentence or punishment. The manner in which the criminal defendant accepts or rejects liability for the charged crime is through entering a plea.

Types of Pleas in Illinois

 There are four types of pleas a criminal defendant may enter to charges in Illinois. Each type of plea can have serious ramifications, so it is best to consult with an Illinois criminal defense attorney before entering any plea:

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 Posted on December 04, 2014 in BAIID

Although all DUI charges are taken seriously in Illinois, being charged with a second or further offense can lead to critical penalties for you. One of the most important steps you can take after being charged with a DUI is to contact an experienced drunk driving defense attorney to manage your case. An experienced lawyer will review your case to ensure that your rights are protected and will work hard to advocate for you in court.

Multiple convictions can stack up and change how your charge is classified as well as what type of penalties you will face. Here’s what you need to know about the minimum punishments for multiple DUI offenses in Illinois:

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 Posted on December 02, 2014 in Criminal Defense

If this is your first time being accused of a DUI, you need to know your rights and you also need to take these charges seriously. Being convicted of DUI can lead to consequences, so your first step should be to hire a competent Illinois DUI attorney to handle your case. In Illinois, driving under the influence refers to a blood alcohol concentration of .08 or more, but it also refers to being impaired while under the influence of medication or any other illegal substance. If there’s evidence outside your .05-.08 BAC that you were otherwise impaired, you can also be convicted for driving under the influence.

If you are stopped at a sobriety checkpoint or pulled over and the officer has probable cause to suspect that you may be driving under the influence, you should be asked to submit to a chemical test. If you refuse to submit to the test or if you fail it, there are penalties, such as statutory summary suspension, that you may face. A first conviction for DUI will result in the revoking of your driving privileges for 1 year (and 2 years if you are under the age of 21) and the suspension of your vehicle registration.

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 Posted on November 28, 2014 in Criminal Defense

In a criminal case, the prosecution bears the “burden” of proving the defendant is guilty of committing a crime. The standard used in criminal cases is “beyond a reasonable doubt.” In other words, a criminal defendant will not be found guilty of committing a crime unless the judge or jury is convinced “beyond a reasonable doubt” that the defendant committed the crime. What “beyond a reasonable doubt” means, however, is a tricky question.

The Parties Are Not Encouraged to Define Reasonable Doubt

In some criminal trials, the prosecutor, the court, and sometimes the defense attorney may try to define or explain what constitutes a “reasonable doubt.” For instance, the prosecutor may attempt to compare “reasonable doubt” with a puzzle missing only one piece. In this instance, the prosecutor would say, there is little doubt as to what the puzzle depicts even if all the pieces are not present. In another well-known example, a prosecutor attempted to explain that reasonable doubt was being beyond 95 percent certain that something occurred. In each of these cases, the respective courts found it was an error for the prosecutor to attempt to define or explain the reasonable doubt standard to jurors. Both cases were sent back to the trial courts for a retrial.

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 Posted on November 25, 2014 in Criminal Defense

A centerpiece of many national political candidates’ platforms included some discussion about gun rights and gun laws in the United States. In the wake of various school shootings in the past few years and countless violent crimes committed daily, it is only natural that the country engages in a conversation about what regulations and laws are necessary to eliminate these tragic occurrences. Usually the conversation turns to a discussion of what federal gun laws are already “on the books,” including laws such as 18 USC Sec. 922(g) and (n). Under this law, which prohibits the possession of a firearm or ammunition by certain individuals, even first-time offenders face severe consequences.

Federal Statutes Prohibiting Possession of Firearms and Ammunition

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 Posted on November 20, 2014 in Criminal Defense

Even after you have been found guilty of an Illinois crime, as a criminal defendant you still have certain rights. These rights include the right to appeal your conviction and/or sentence and have an appellate court review your case. An appellate court can either affirm your conviction (meaning that you remain convicted of the crime), reverse your conviction (meaning that your conviction is vacated and you are no longer convicted of the crime), or remand your cases (meaning that there were some errors in your trial and/or sentencing that require the trial and/or sentencing hearing to be conducted again).

An Appeal is a Distinct Type of Proceeding

Some criminal defendants assume that their trial attorney can also function as their appellate attorney; however, there are important differences between court hearings in front of a trial court and the appeals process. Criminal defendants should make sure they hire competent appellate counsel who understand and appreciate these important differences:

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 Posted on November 18, 2014 in Uncategorized

Criminal law is constantly changing, especially with regard to the constitutional rights of criminal defendants. The U.S. Supreme Court can issue a decision that impacts the application of the law in Illinois and other states. When the law changes though, it may not change for everybody. That was the unfortunate lesson one defendant learned in a recent decision by the Chicago-based U.S. 7th Circuit Court of Appeals.

USA v. Gutierrez

In late 2012, the Drug Enforcement Agency and police in Indianapolis received a tip regarding alleged drug trafficking at a local residence. Police went to the residence and used a drug-sniffing dog (or K-9 unit) to identify the presence of illegal narcotics. The dog sniffed the door of the residence and alerted the officers to the presence of drugs. Police then obtained a warrant and entered the residence, leading to the defendant's arrest for illegal possession of methamphetamine.

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