Chicago
Wheaton
Blog
Being charged with committing a crime in Illinois does not mean you begin a trial right away. Before a trial can even start, there is the "pretrial" stage, which includes several important steps, including pretrial motions.
Either side in a case - the defense and the prosecution - can make these requests to the judge before the trial starts, and they can have a significant impact on how the trial plays out. If you are facing criminal charges, speak with a qualified Wheaton, IL criminal defense lawyer to understand how best to protect your rights.
A pretrial motion is a formal request made by either side in a case to the judge to decide about something before the trial begins. Motions can ask the judge to dismiss a case, exclude certain evidence, or establish specific rules about how the trial will proceed. The judge reviews the request and decides whether to grant or deny the motion. Pretrial motions have the potential to greatly impact a trial, or whether the case will even go to trial at all.
Social media holds an important position in most people’s daily routine, and like any other part of life, it can play a significant role in criminal cases as well. It can serve as evidence in an investigation and in court and can be a potential source of liability for defendants. Illinois law has specific guidelines that impact how social media content can be used in criminal cases. To learn more, speak with a qualified DuPage County, IL criminal defense lawyer.
Illinois has certain rules for what can be used as evidence in a case. Social media content can be admitted as evidence in a criminal case if it meets certain criteria for authenticity and reliability.
Many people mistakenly think that if you are convicted of a crime, you serve your time and then put the past behind you. In truth, a past conviction can impact your life in many ways long after you complete your sentence. For example, many people with a criminal record face serious challenges when looking for a job.
Illinois’s "Ban the Box" law was designed to remove this barrier and prevent a criminal background from causing a person to remain jobless. If you have been facing similar challenges in your efforts to start a new chapter in your life, speak with an experienced Wheaton, IL criminal defense lawyer to learn more.
A common question on many job applications is some variation of: "Have you ever been convicted of a crime?" When an applicant honestly responds, "Yes," it often prevents them from moving forward in the interview process. Officially known as the Job Opportunities for Qualified Applicants Act, the Ban the Box law aims to get rid of that question.
Getting arrested and facing criminal charges can be extremely stressful under typical circumstances. When the person getting arrested suffers from mental health issues, the anxiety and distress can be even more challenging. As awareness of mental illness and its effects on decision-making and conduct has been slowly increasing, so has the prevalence of incorporating it into criminal defense strategies. If you are concerned about possible criminal charges, speak with a knowledgeable Wheaton, IL criminal defense lawyer about your relevant mental health conditions.
People who are unfit to stand trial, especially if they cannot understand the proceedings and their implications, are not forced to do so. The defense can request a mental health evaluation to examine the defendant’s competency. If he or she is found incapable of standing trial, the case can be suspended and the defendant might be sent for mental treatment.
It can be overwhelming when you are arrested and charged. With so many questions swimming around in your head about what’s going to happen to you and what it might mean for your future, knowing what to expect in the criminal process can help. While you cannot control the outcome of your criminal proceedings, you can be prepared to face each stage of the process.
While each case is unique and might be slightly different, the stages described here are commonly part of the process. If you believe you might soon be facing criminal charges and an arrest, speak with an experienced Wheaton, IL criminal defense attorney who can help you understand your options, explain what to expect, and build a strong case to advocate on your behalf.
The first step in a criminal proceeding is generally a police investigation. This can take the form of questioning, a search of someone’s belongings, or a traffic stop. If the police demonstrate to the court that they have probable cause to assume that a defendant committed a crime, they can arrest him. The police need to issue a Miranda warning when they make their arrest and inform the suspect of the right to remain silent and be assisted by an attorney.
It is easy to imagine how you can get accused of attacking someone else when you are actually defending yourself against the other person and fighting back to avoid getting hurt. However, since so many people charged with assault commonly claim they were merely acting in self-defense, it is important to know what is considered a valid self-defense argument in an Illinois court.
If you might be facing accusations of assault, speak with an experienced DuPage County, IL criminal defense lawyer to understand the consequences and discuss your options.
According to Illinois law, you are permitted to use force against someone else if you have sufficient reason to believe that you need to do so to protect yourself or another person.
If you are under the age of 21, you cannot legally be served alcohol in America. There are also certain places like nightclubs and bars that people younger than 21 cannot even enter. To get around this, people sometimes borrow an older friend’s ID or use a fake ID. While you might think that so many people do it and it is not that big of a deal, the truth is that you could face serious criminal charges if you are found in possession of a fake ID. If that happens to you, speak with a skilled Wheaton, IL criminal defense lawyer to understand your options.
Illinois has laws criminalizing the possession, use, or manufacture of fake IDs. You can be charged with a felony or misdemeanor depending on the specific circumstances of your case, as follows.
A recent federal ruling declaring the legality of police forcing suspects to unlock their phones using a thumbprint scan raises interesting questions about criminal procedures and self-incrimination. The police are authorized to make you use your biometrics so they can access your phone, even if there is potentially incriminating information on it. If you are suspected of committing a crime, speak with a knowledgeable DuPage County, IL criminal defense lawyer to understand your rights and how this ruling might affect you.
The Fifth Amendment in the Constitution is one of the most invoked amendments by defendants in court cases because it states that no one can be forced to incriminate themself. If you know that an answer to a question you are asked under oath can make you appear guilty, you can "plead the fifth" and refrain from answering.
If you get pulled over by a police officer in Illinois, you might hear them say: "Roll down your window." While it might seem like a suggestion, it is not actually a request. It is part of a law aimed at ensuring safety during traffic stops. Knowing why you should roll down your window and how it could affect you can make your interaction with law enforcement smoother and safer. If you were pulled over by a police officer and are wondering whether there is anything for you to do moving forward, contact a qualified Wheaton, IL criminal defense attorney to find out more.
In Illinois, when a police officer pulls you over on suspicion of a traffic violation, he might ask you to roll down your window. This law is in place to help drivers as well as officers stay safe during traffic stops. Here is how:
The state of Illinois has been involved in efforts to reform its bail system. The motivation for these reforms has been the desire to create a criminal justice system that is more fair and equitable. However, when facing criminal charges, reforms can make the process more confusing, with things not going as expected. If you are facing criminal charges, speak with a seasoned DuPage County, IL criminal defense lawyer who can explain how the reforms might affect you.
Wealth-based inequality happens when two people are charged with the same crime, but one needs to spend the pretrial period in detention, and the other is free to go home simply because his family has access to money that can be put down as bail. The bail system reforms in Illinois were made in an attempt to address this inequality and unfairness in pretrial detention policies, offering alternatives to monetary bail. Key aspects of the bail reform include:
A lawyer’s time and advice are his stock and trade.
28371 Davis Parkway, Suite 103, Warrenville, IL 60555
(630) 657-5052
(888) 350-9195
1776 S. Naperville Road, Building A, Suite 105, Wheaton, IL 60189(630) 580-6373(888) 350-9195
321 N. Clark Street, Suite 900, Chicago, IL 60654(312) 985-5676(888) 350-9195
58 N. Chicago Street, Suite 102,(815) 582-4901(888) 350-9195
