Posted on March 13, 2017 in Domestic Violence Defense

Domestic battery charges in Illinois are a serious matter. A fight or argument that escalates and gets out of hand can easily result in law enforcement being called and you being placed in handcuffs. If criminal charges are filed against you, the first offense of domestic battery can result in a jail sentence of up to one year. If you have prior convictions for domestic battery, you may face between one and three years in prison. Because a conviction for domestic battery can result in such severe consequences, individuals charged with this offense may make every attempt to have the charges reduced or dismissed altogether.

The Victim’s Testimony is Important – But Not Necessarily Critical

One of the more common methods of seeking a dismissal that domestic battery defendants attempt to employ is to speak with the victim him- or herself and ask that he or she have the charges dropped. Setting aside for the moment any consideration of whether the defendant’s act of contacting the identified victim in a domestic battery case would violate the defendant’s conditions of bond, this method is not as effective as it might first appear.

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 Posted on February 27, 2017 in Criminal Law

Any fan of police dramas or law enforcement reality shows should be familiar with the Miranda warnings: “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided to you by the court.” These warnings – named after the decision in Miranda v. Arizona, which first required these warnings to be given – are a common feature in many Will County criminal cases.

When are Miranda Warnings Required?

However, law enforcement officers do not always give these Miranda warnings. While there may be some consequences to this decision, they may not necessarily be as serious as some criminal defendants might think:

• Suppression of statements made during a custodial interrogation: If you made statements after you had been placed under arrest or were in a situation in which a reasonable person would not have felt free to leave, these statements may be suppressed – that is, kept out of court – if they were made without the law enforcement officer first reading you your Miranda rights and having you knowingly and voluntarily waive those rights. This may significantly hamper the prosecution’s ability to present a successful criminal case against you.

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 Posted on February 13, 2017 in Traffic Violations

Many Will County residents believe that a traffic violation is a minor legal issue that does not require the assistance of an attorney.  Unfortunately, many people do not realize that even a minor traffic violation can result in serious consequences. You should consider consulting with an attorney for Joliet traffic violations

Traffic Violations in Will County

A driver in Joliet can be charged with many different types of traffic violations including:

Moving Violations: The Illinois Secretary of State[1] website lists various moving violations including speeding, disregarding a traffic light and improper lane usage.  If you are convicted of one such moving violation, it remains listed on your driving record for a period of four to five years and three moving violations in a year can result in the suspension of your driving privileges.

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 Posted on January 31, 2017 in Criminal Law

The sight of flashing emergency lights in your rearview mirror is never pleasant. Depending on your circumstances, you may feel annoyed that your travel is interrupted – or you may be terrified of what will happen next, especially if you just left a bar or party where alcohol was served. You may even be confused as to why you are being pulled over, especially if you believe you were driving in a safe and prudent manner. A knowledgeable Joliet defense attorney may need to examine the facts of your case to determine if the officer’s stop of your vehicle was lawful.

Reasonable Suspicion is Needed to Stop a Vehicle in Illinois

Under Illinois law, a law enforcement officer needs reasonable suspicion that you have committed or are in the process of committing a crime before he or she can stop your car and investigate. Reasonable suspicion requires something more than a mere “hunch” or “gut feeling” that you are connected to criminal activity. This is satisfied if at the time law enforcement stops you the law enforcement officer:

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 Posted on January 13, 2017 in Criminal Law

If you have been charged with a crime, a criminal defense attorney can challenge evidence and effectively negotiate with prosecutors. However, if negotiating is not in your best interests, the lawyer has the option to present the case to a judge or jury to prove your innocence. It is important to take precautionary measures with dealing with a criminal charge. You could have a public defender handle your case, but if the charges are serious enough, hiring an experienced attorney can be better for your future.

1. A criminal defense lawyer can provide an in-depth analysis of your case.

You and your criminal attorney can sit down and speak privately about your case. At that time, you will be able to discuss and review the prosecutor’s evidence. Your attorney will then investigate the allegations and give you an honest and confidential review of your situation.

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