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Criminal Defense in Illinois

In the last month I have been contacted by multiple people who have received phone calls from detectives asking them to come in for questioning. The most recent involved a case in Chicago where someone is suspected of rape years ago and in Lake County where the Waukegan police want to ask someone about involvement in a burglary.

None of these people have been arrested. Yet. They all had the same question.

What should I do?

The Number One Thing To Do If Chicago Police Or Anyone Else Wants To Question You

If the police in Chicago, Waukegan, Wheaton or wherever want to talk to you, there is one thing every Illinois criminal defense attorney will tell you to do. In the words of the Black Eyed Peas

That is right. Shut up. Do not say anything. Do not talk at all.

Should You Not Talk To The Police If You Are Innocent?

Do not talk to the police if you are innocent either. Do you think that innocent people don’t ever get arrested? Happens all of the time. It shouldn’t, but it does. The police are not looking out for you and can certainly twist your words around. And in extreme cases, they get people to confess to things they have never done. That sounds crazy, but there are many people who have been freed after evidence shows that the police kept them up for a long period of time and then coerced them into confessing something they were innocent of.

Anything you say can and will be use against you. And some crooked cops take that to an extreme. And some honest cops can misinterpret what you are saying.

Beyond that, I have been told stories by “innocent” people who, if they repeated that story to law enforcement, would be arrested. It is usually someone who thinks they are acting in self defense or unknowingly committed a crime like retail theft or trespass.

What Do I Do If The Police Want To Meet?

Doing nothing is not a great idea in most cases. You still need to shut up and not talk to them. You can even shut up and dance.

The best way to protect yourself is to get an attorney to contact the police for you and see what they want. They can answer any questions the police have and accompany you to a meeting if needed.

Anything a lawyer you hire says can not be used against you. And an experienced Illinois criminal defense attorney knows what not to say and how to answer questions. They will protect you.

The person being investigated for possible rape who called me really did not want to spend money on an attorney. The point of getting one now is that it can help prevent you from being arrested at all. It might cost $1,500 up front to get a top lawyer to speak to the police for you. But if you get arrested and prosecuted for a felony, that would cost you ten times that amount. And of course if you get convicted, you are probably going to jail and in the case of this person, they would be labeled a sex offender.

The best thing you can do after keeping your mouth shut it to get someone who knows what they are doing to advocate for you. If you do have information that shows you are innocent, having an attorney present it will put you at no risk and greatly increase your chances of success.

It is certainly scary getting this type of phone call from the cops. If you are not scared, you are not taking it seriously. But the good news is that the right attorney can give you the best chance of the best possible outcome.

If you would like to know who we as lawyers would hire if the police wanted to talk to us, give us a call at 312-346-5320. All calls are confidential. We were learn about your case and give you unbiased advice as to what the next proper steps are.

When facing criminal charges in Illinois, the most important decision you can make, beyond keeping your mouth shut, is choosing the right attorney. While experience in criminal law is essential, it is equally important that your lawyer is familiar with the specific courthouse where your case will be heard. If you have a case at the north suburban Skokie Courthouse, the attorney you hire should be there representing clients on a regular basis.

The common saying, “It’s not what you know, it’s who you know,” holds true in criminal court. The courtroom familiarity and relationships with the Judges and clerks that your lawyer brings to the table can majorly affect the outcome of your case. It shouldn’t be that way, but it’s the reality. And this is true in most courthouses in Illinois and presumably in the country.

At the Skokie courthouse, located at 5600 Old Orchard Road, criminal cases ranging from retail theft to unlawful use of a weapon to domestic battery are heard every day. Prosecutors rotate frequently, but many of the Judges at this courthouse serve for years, sometimes decades.A seasoned attorney who appears regularly in the Skokie courthouse will be familiar with the tendencies and expectations of the presiding Judges. They will understand which arguments are most persuasive in each courtroom. They will know how Judges approach sentencing, especially for first-time versus repeat offenders. Even subtle insights, like knowing which judge tends to end court early on Fridays, or which ones are more receptive to certain plea deals, can influence your case.

While outcomes can never be guaranteed, the reality is that two defendants with similar charges can receive vastly different outcomes on the same day, simply because of who represents them. An attorney unfamiliar with the Skokie courthouse may be competent in general, but may not have the insight or courtroom credibility that comes from consistently practicing there. A good result doesn’t always mean complete dismissal of the charges.

Sometimes, it means probation instead of jail time. Or a reduced sentence, such as six months instead of three years. Or keeping your record clean and getting you in a diversion program.

Judges are people to and just as you would treat someone you are around all of the time differently than someone you don’t expect to see again, Judges will at times treat “regulars” better than they do outsiders.

We work closely with experienced criminal defense attorneys who appear in the Skokie courthouse on a regular basis and have a proven track record of success. That of course doesn’t guarantee a result, but in our opinion increases your chances of success. If you need guidance or would like a free, confidential referral to an attorney who knows their way around the Skokie court system, call us any time at 312-346-5320.

When people call us for Illinois criminal attorney referrals, one question we get a lot is, “Do they have a winning record?” There is a perception out there that you can look up an attorney’s record like they are baseball standings on espn.com or something.

The truth is that there are no win/loss records available for criminal defense lawyers in Illinois. And even if they were, they would be incredibly misleading for a couple of reasons.

First off, consider someone like the disgusting Highland Park shooter or any other criminal who is literally caught red handed doing their crime. If you are on video doing the act or there are tons of eyewitnesses, the “best” criminal lawyer in the world isn’t going to get that case dismissed. So if that is your idea of a win, that is impossible.

More so, what a win actually is is open to interpretation. If I told you that you were getting a two-year prison sentence for a drug charge, you’d probably consider that a loss. Nobody wants to go to prison. But a couple of years ago, I helped a family find a top Chicago criminal lawyer, and he got their son a two year sentence, and they were so happy that they couldn’t stop hugging him. Why? Well that’s because before they came to us, the public defender was telling them the best they could do was an eight-year sentence. This person was guilty with no defense, but the family considered it a win because the sentence was so much better.

In some cases, a win is just that, getting the charges dismissed or being found not guilty at trial. In other cases you’d consider it a success if you got court supervision or probation without jail time. For some people a win is getting a serious felony reduced to a misdemeanor. And for some a win might mean that instead of a life sentence with no parole you are eligible for parole in 20 years.

The key point is that every case is different. A win to you could be a loss to someone else and could be neither to another person. Every result requires context and facts.

So if a lawyer tells you they’ve never lost a case, they are either lying or have been in practice for a week. Or if they say they have a better than 90% success rate, they are spinning what that actually means to market themselves to you. The best criminal attorneys don’t get a great result in every case. They do increase your chances of a great result though.

If you’d like our recommendation to a top criminal attorney, please call us any time at 312-346-5320.

You’ve heard the old saying that anything you say can and be used against you and that you have a right to remain silent? It’s great advice. And while I’m not saying you have to be a mute, there are clear answers you should give to the four most common questions a cop will ask you when you are pulled over in Illinois.

The first thing I’ll tell you is that you can and should be polite. Say hello, but then let them lead the conversation. The first question will usually be something like:

Do you know how fast you were going?

This is a trick question. If the speed limit is 55 and you were going 80, telling them that you were going 70 is still admitting to speeding. Also, the question implies that you were doing a certain speed the whole time. You can usually honestly say “I was going the speed limit.” It’s not your job or a good idea to confess to a violation. And you don’t know at what point they were referring to.

If they don’t ask how fast you were going, they might say something like:

Do you know why I pulled you over?

Again, it’s not your job to confess. The proper answer is “I do not.” You might admit to something they weren’t thinking of like a broken taillight or speeding.

It’s possible they will then ask you this:

Can I search you and your car?

They can’t do this unless you consent or they have probable cause such as seeing a weapon in the back seat or evidence of illegal drugs. Again, the right answer is a polite no.

Finally, they might ask you:

Where are you coming from and where are you going?

This is none of their business. Some lawyers will tell you to say “I don’t feel comfortable sharing that information with someone I don’t know.” Others would tell you the simple truth of “work” or “home” is fine. Either way, don’t over share.

The bottom line is that the less you say, the better in most situations. It’s not your job to admit guilty or prove innocence. It’s their job to prove you did something wrong.

I get calls all of the time from people who have done nothing wrong looking for an Illinois criminal defense attorney. It’s usually some version of the police called me or came looking for me.

When they are innocent, they will often tell me that they want to go talk to the police. “I didn’t do anything wrong, so what should I be afraid of.” Or, “They’ve got nothing on me, and I can explain what really happened.”

I’m here to tell you to never ever talk to the police. You might like/love cops and it doesn’t matter, don’t do it. You might have a simple explanation as to what happened. Don’t do it. You have a constitutional right to remain silent and should at all times.

But don’t take my word for it. Listen to this criminal defense attorney who articulates why you should never talk way better than I can.

So even if you are innocent or just want it to go away, keep your mouth shut. Call a criminal defense attorney and let them do the talking for you. It will save you time, money, embarrassment, and so much more. If you have questions or want an attorney referral, call us any time at 312-346-5320.

See also: Chicago Criminal Lawyer Advice – Talk To The Police?

Most of us drivers out on the roads of Illinois drive a bit over the speed limit from time to time. We occasionally even feel that sense of dread when we see those blue and red police car lights flash behind us. We pull over, preparing to receive a ticket or hope that it’s not us that they are going after.

People often ask us, “Do I need to hire a traffic attorney for my speeding ticket?” Well, that all depends on the answer to this question: How many miles above the speed limit were you going?

Let’s take a look at the speeding laws in Illinois:
• 1 to 25 miles per hour over the speed limit – Usually pay a fine and get court supervision. Often you can get this result without an attorney.
• 26 to 34 miles per hour over the speed limit – known as aggravated speeding. It is a criminal offense, a Class B misdemeanor. It carries up to six months in jail and a maximum of $1,500 in fines.
• 35 or more miles per hour over the speed limit – known as reckless driving. It is a criminal offense, a Class A misdemeanor. It carries up to one year in jail and a maximum of $2,500 in fines.
• It is also possible that with aggravated speeding or reckless driving, you will lose your license.

Loss of your drivers license, a huge fine, and possible jail time? That’s a scenario you obviously want to avoid. We do recommend to almost everyone who contacts us and has been charged with aggravated speeding or reckless driving to hire an attorney to represent them. Judges respect and listen to attorneys who know the rules and procedures of a courtroom. It is common for a good attorney to get the criminal charges knocked down to regular speeding. That means it would be like a traffic ticket where you would pay a smaller fine and get court supervision. You would avoid jail time and avoid losing your drivers license.

We know reputable, experienced traffic attorneys who get good results for their clients. You can contact us any time at 312-346-5320 to get a recommendation of an attorney. The lawyers we recommend have a track record of success and have successfully had these serious charges lowered or dismissed outright in the past.

Growing up I loved to rent and watch movies back when you went to Blockbuster or the town video store to actually rent a movie. I loved “Animal House” but now that I’m older I can see that while it was hilarious, there is also a really disturbing rape situation going on. I also enjoyed “Porky’s” and saw it a lot, but now that I’m an adult I see that there was a lot problematic with that movie too.

But the king of movies I didn’t realize had issues is “Revenge Of The Nerds.” I watched it again recently and couldn’t believe the number of felonies that it showed, most of which were committed by the “good guy” nerds. As an Illinois attorney who has helped thousands of people with Illinois criminal charges, I could make a career off of defending all of these cases.

The most obvious one is when nerd Lewis has sex with Betty by stealing the mask of her boyfriend Jefferson. It doesn’t seem like a big deal to a 13-year-old boy watching it because she ends up liking it and making him her boyfriend. But it’s clearly rape. I can’t imagine that scene getting made in a movie today. That is the worst one, but there are others:

  • Booger talks about going to the high school to look for jail bait.
  • The Tri Lambdas Film the sorority girls without their consent.
  • The Tri Lambdas watch the naked women with Wormser, the child who is in college. That’s sexual exploitation of a minor.
  • They then sell pictures of the nude women to others on campus. That could be felony revenge porn under Illinois law.
  • The Nerds put liquid heat on the jockstraps of the football players. It’s a funny scene, but also breaking and entering, potentially use of chemical weapons or battery.
  • The Nerds do a panty raid on the sorority. There were so many crimes there including sexual battery, theft, and criminal trespass.

Of course, the jocks committed a lot of crimes too. They include:

  • Ogre throwing a pledge off a balcony. It could be considered attempted murder.
  • The coach and police seem to commit insurance fraud when discussing the fire in their fraternity.
  • There are attempts at bestiality.
  • The Alpha Betas tar and feather Louis which looks like aggravated battery to me.
  • They unleash pigs on the Nerd house which includes many crimes including animal cruelty.

There were random crimes such as:

  • The old woman who hits on young Wormser.
  • The school having them get drunk while riding tricycles.
  • Football coach John Goodman encourages arson and threatens the dean with violence.

Now I’m not a no-fun person and I don’t take offense to this movie or take it seriously. It’s part of being a lawyer that you see things in a different light at times based on what we do every day for work. And holy hell, did I not realize that Revenge Of The Nerds is as much a criminal movie as it is a comedy.

We normally write about Illinois legal issues. Check out our post on suing for malpractice in Illinois for not diagnosing a stroke in time or 10 things to know about Illinois sexual abuse lawsuits for examples of what we often talk about and how we can help.

If you get arrested and charged with a misdemeanor or felony in Cook County, it’s important that you take the charges seriously as jail time is a possibility.  The goal is to get the best outcome possible. Sometimes that’s a dismissal of the charges. Sometimes it’s a not guilty finding at trial.  Other times it’s getting supervision, probation or a low amount of jail time.

To get the best result possible, you need the best attorney for your case. But there is no such thing as the best Chicago criminal lawyer who would be the right choice no matter what you are charged with in Cook County.  There are certain things you should know about finding the best one for you so you have the greatest chance of success.

1. In Chicago, there are seven different locations where your case could be heard. Most felonies will end up at 26th and California which is the main felony courthouse.

2. There are suburban courts in Skokie, Maywood, Bridgeview, Rolling Meadows and Markham.

3. Because your life is on the line when you have serious criminal charges, you should hire an attorney who is doing nothing but criminal defense (or close to it) all day every day.

4. It’s important that your lawyer do a lot of work at the courthouse where your case is being heard. You want them to have a relationship with the local Judge and prosecutors. They can’t know everyone, but the more they are there, the better chance of success that you have.

5. It’s not mandatory that your lawyer be a former prosecutor or public defender, but it can be helpful. We never recommend a criminal attorney who has less than 10 years of experience.

6. It’s not likely that an attorney goes to Markham and Rolling Meadows on a regular basis. Those courts are far from each other so the attorney would really be spreading themselves thin if they did that. In our opinion you are better served by hiring an attorney who mostly goes to the courthouse where your case will be.

7. Each year there are over 300,000 criminal arrests in Cook County. As a result there are a lot of experienced attorneys out there.

8. Beware attorneys whose first suggestion is to just plead guilty and get probation for paying them a small fee.  That’s a guilty finding that will stay on your record. You want an attorney who examines the charges and advises you on the best and worst case scenarios.

9. Because there are so many cases, prosecutors are willing to cut deals. That’s where having an attorney who deals with them on a regular basis becomes important.

10. No lawyer handles just one type of criminal case, but you want to hire an attorney who has handled the charges against you before. In other words, if you get caught with a gun at O’Hare, it’s not enough to just hire a lawyer who has handled gun charges. You want one who has defended people accused of the exact same thing. This is partly why we don’t recommend attorneys who aren’t experienced.

11. It’s not unusual for attorneys who handle these cases to be one man/woman law firms.

12. Sometimes the first court hearing will be in the suburbs but the case will get transferred to 26th St.  If it’s a felony charge, verify that your case isn’t going to change courts.

I hope this helps. If you’d like to speak with an attorney for free and get a recommendation of which Cook County criminal defense lawyer we think is best for you, please call us any time at 312-346-5320.

See also: A connected Chicago felony defense lawyer can make a huge difference

I recently binge-watched “Better Call Saul.”  It’s a great show, and to me, it’s even more interesting due to how it portrays being a lawyer. While it’s not 100% accurate of course, a lot of what they show mirrors experiences I’ve had when talking to potential clients.

In one scene, a person who is suspected of a crime discusses their case with Saul who is trying to convince them to hire him as their lawyer. The likely criminal says something to the effect of, “If I hire a criminal lawyer, won’t that make me look guilty?”

I laughed out loud when I heard that because it’s something I’ve probably heard over 100 times in the last 20 years.

First off, hiring an attorney doesn’t make you look guilty, even if you’ve done nothing wrong. It makes you look smart.  The police and prosecutors are not on your side and are not looking out for you.  Innocent people go to jail every day in this country. So if you are in Chicago or anywhere else, getting an attorney when the police want to talk to you is what smart people do.

You’ve certainly heard the saying that anything you say can and will be used against you. That comes from what is called a Miranda Warning.  The word warning is in there on purpose as in “warning, you should not talk.”  This isn’t ripping on cops. There are good ones and bad ones.  But neither of them are looking out for you or on your side.  When you talk you can get in trouble.  When your lawyer talks for you, it can’t be used against you.  A lawyer will protect you whether you are guilty or not.

Beyond that, I can point to hundreds of cases where not having a lawyer or hiring one that doesn’t specialize in criminal defense can hurt you. Last year, the scumbags who murdered Ahmed Aubrey were in my opinion only arrested and then convicted because they hired a personal-injury-focused lawyer who reportedly let the client/murderer share a video of what happened with a radio station.   You want to get a lawyer who is handling criminal defense all day, every day.  Those guys thought they were innocent and only their stupidity led them to be arrested.

I don’t blame callers for not knowing this or being worried about how they will look. You can’t be expected to know what attorneys know.  But hopefully you can trust that we are trying to look out for you and do what is best for you.  Especially in Cook County where prosecutors and Judges can be tough, it’s really important to protect yourself. Call us at 312-346-5320 if you want to discuss a case.  It’s free and confidential.

Picture a 20-year-old college student from Wilmette, Naperville, or wherever, and they get pulled over and arrested for driving on a revoked license.  They themselves aren’t rich but they have rich parents who can hire a good attorney and pay the $1,000 or $2,500 that the Judge asks for bail. Eventually, the case works its way through the system and the attorney his parents hire gets the case dismissed or knocked down to a smaller charge with a fine and no jail time.

Now imagine someone who lives paycheck to paycheck and doesn’t have parents to bail them out of a tough situation.  They only drive because they have to get to work, and they too get pulled over and arrested. Bail is set at $2,500 which is money they don’t have. In fact, nobody they know has that. So they spend six months in jail and eventually plead guilty with time served as the punishment. Of course, now they’ve lost their job, their apartment, and their car has been impounded and taken away.

A version of this story happens all of the time.  We essentially, in Illinois and in the United States in general, decide who will spend time locked in a cage before trial and who will be home with their family based on how much money they have or can get access to.  After 25 years of being an attorney, it’s still the most shocking and upsetting part of my job.

Bail is punitive. People think it’s designed to protect the public and guarantee the alleged offender will show up to court. But what about having more cash than someone else makes the public safer? Of course not. We criminalize poverty in this country.

This is why I have been a big proponent of bail reform laws.  If someone is charged with a violent felony and could be an actual danger, then detention makes sense. If someone is a true flight risk, then a cash bail with ankle monitoring might make sense. But for most of the general public, bail is punitive and unjust.

In many cases, a family will struggle to raise $5,000 or so in order for a loved one to get out of jail. By doing that, they no longer have the money to pay for a lawyer or at least not a good one.  So again, the lack of true justice continues. It’s simply wrong to get a different result in a case based on your income.

Financial inequity happens all over the law, especially in cases like divorce or general civil litigation where you have to pay an attorney by the hour.  There is, sadly, no good solution to that problem beyond the State funding attorneys for people who are below a certain income level.

But in criminal cases, we know that this problem exists and we continue to let it happen. And it happens even though there are logical solutions that, while they won’t completely make things equitable, they will reduce the imbalance of outcomes between rich and poor.  So when you see someone running for office as “tough on crime,” it might sound good or make you feel safe. But the reality is that the way it’s done is unjust and ends up leading to more problems than it’s worth in most cases.

I try to never fly out of O’Hare because for me getting to Midway is easier.  It’s about half the time on the train from the Loop and when you get to the airport at O’Hare it feels like it takes forever to actually get to a gate. That’s to be expected at what was once known as the world’s busiest airport.

Despite my personal preferences, more than 30 million people come through O’Hare each year which is almost double the traffic of Midway.  And while crimes can occur at both places, I definitely see more arrests at O’Hare by far.  One of the biggest is for people who are found to have a gun in their carry on luggage or a loaded weapon in their checked luggage.  While you can legally check an unloaded firearm in a locked hard-sided container, many people make a mistake.

The most common error we see is someone who simply forgot that they had a gun in a backpack or didn’t know. Often these are legal gun owners from places like Indiana who drove to O’Hare to catch a longer flight.

The Transportation Security Administration (TSA) can issue a civil penalty to you for this type of violation with a first offense being around $4,000.  The fine could exceed $13,000 depending on aggravating factors.  The bigger worry is that in most cases you will get arrested for this error and charged with at least a misdemeanor. That is potentially punishable by up to a year in jail. Of course a felony charge could have a more significant jail sentence.  Although TSA is a Federal agency, any arrest would be made by the Chicago Police and you’d end up in criminal court in Cook County.  You will get arrested even if you have a valid FOID card and a concealed carry permit. Simply put, there is no right to bring a gun through security at an airport.

The good news is that most of these cases are charged as misdemeanors and attorneys who know how to defend criminal gun charge cases in Chicago can usually get the case dismissed.  There’s no guarantee of that of course, but in almost every case we’ve been contacted in, the lawyers we have recommended have been able to achieve a successful outcome to the case.

In other words, this arrest is of course something you should worry about, but not something to panic about.  Unlawful use of a weapon is a serious charge, but with the right attorney in your corner, you can avoid a conviction and jail time.  Most of these attorneys are former prosecutors with over 20 years of experience and a great track record of success.

If you would like to speak with a lawyer for free about these charges and get help in a referral to the best Chicago criminal defense attorney for your case, please call us any time at 312-346-5320.  All calls are free and confidential.

Maybe it’s because I’ve been watching “Better Call Saul” that I’ve been thinking about this a lot, but I did get asked recently by someone if you should ever talk to the police. It’s a really easy answer.

No.

But what if you are innocent?  No.

But what if you think you can explain what happened? No.

How about if they tell you that things will go easier or it’s not a big deal? No.

What if they’ve caught you committing the crime? No.

What if they tell you if you don’t talk, you are going to lose rights to your children? No.

What if they say they will arrest a family member if you don’t cooperate? No.

What if a witness is saying something in front of them and I want to rebut that? No.

Won’t I look guilty if I don’t talk? Who cares, just don’t talk.

You’ve surely heard the saying that anything you say can and will be used against you. That is the warning that the police must give you before they try to question you about a crime.  It doesn’t always happen, but this Miranda Warning exists for a reason. It’s a bad idea to talk to the police.

In most situations, they are not looking out for you or your best interests.  While you can feel pressure being with the police or just want your problem to go away, the smart thing to do is say nothing and focus on the long term.  Whatever you personally think about the police, the reality is that they don’t solve most crimes.  Most of the convictions that they help get occur because a suspect agrees to talk and provides the information needed to convict themselves.

When you say nothing other than you want a lawyer present, it protects you. Anything an attorney says can not be introduced as evidence. The less evidence you create, the more leverage you give your attorney to get you the best result possible.  The police aren’t your friend and are not on your side.  They aren’t looking out for you and don’t care about you.

I can tell you that if you surveyed 100 experienced criminal lawyers in Chicago or anywhere else in Illinois, they’d tell you the exact same thing. And if you’ve started to talk, but now realize you shouldn’t, just stop talking. If they want you to come in for an interview, you either decline or have an attorney accompany you.  In almost every situation this is how you best protect yourself and end up with the best result possible in your case. And that is the goal. Period.

If you have any questions or want to speak with a Chicago criminal lawyer for free, call us any time at 312-346-5320.

See also: Chicago Criminal Law – Will I Look Guilty If I Hire An Attorney?

There is a saying in many businesses that is also mostly true in law. “It’s not about what you know, it’s about who you know.”

When it comes to hiring a criminal defense attorney, what they know is very important. In other words, you don’t want an inexperienced attorney on your case if you have serious charges. If you are charged with retail theft, UUW, domestic battery or anything else that can put you in jail, the best lawyer for you will have handled similar cases hundreds of times. In fact, the attorneys we recommend pretty much do nothing but criminal defense all day, every day.

So what they know is important, but it’s also important who they know. By that I mean you want a lawyer who regularly is before the Judges at the courthouse you will be going to and deals with the prosecutors there on a regular basis. Those relationships can be just as important as anything else in your case when it comes to winning and losing.  While the prosecutors change on a regular basis, the Judges are often there for a long time.

Take the Markham courthouse for example.  This south suburban Cook County court location hears a lot of criminal and traffic cases.  There are 12 Judges there for those hearings.  While a lawyer can’t be expected to have a great relationship with all of them, they should know them. They should know their tendencies, their moods, their courtroom clerks.  All of those things play to your advantage.

It can be as simple as knowing that the Judge likes to get out early on Fridays so they can play golf. It can also be more technical such as knowing the types of arguments they favor or frown upon.  In some cases it helps if your lawyer knows the attitude of a Judge on first time offenders versus repeat offenders. While none of this guarantees a result for you, all of these little pieces can be the difference between a good result and a bad one.

The Judges at the Markham courthouse have different personalities and look for different things. So if you have a case there and you hire a lawyer who isn’t there on a regular basis, you are not likely giving yourself the best chance for a successful case result.

And to be clear, a good result might not mean having the charges dropped. It could be probation instead of jail time or six months in jail instead of three years.  What’s crazy is you will see similar people on the same day with similar charges get different results. Who their lawyer is can often be the reason why one person does better than another.

This is one of those facts about law that people think shouldn’t be true.  They are probably right. If justice was blind, who you know wouldn’t matter.  But we deal in reality and the reality is that if you want the best result possible, getting an experienced attorney who goes to the courthouse you will be going to on a regular basis means a lot. If you have questions or would like an attorney referral, call us for free at 312-346-5320.

A solvent trap is a gun accessory that can be used as a barrel cleaning accessory which provides an easy way to recycle solvent and save the gun owner some money.  It attaches to the gun and can also be used as a silencer which in many cases is illegal.

Some companies that sell solvent traps appear to have been accused of selling them with a bit of a wink, wink to the sale. In other words, they are implied to have meant to sell these products as illegal attachments and not cleaners.

Diversified Machine is one such company and their offices were raided by the ATF in late 2020.  As part of the raid they seized computers and have access to the list of people who bought their products.  Those people have been receiving letters of warning from ATF agent Keith Krolczyk advising that they may be in violation of Federal law. A copy of the letter is below.

SILENCER SATURDAY #209: Solvent Trapped - The ATF Warning Letter

Apparently there are four other companies that are accused of the same violations and their customers will soon begin receiving similar letters. Or at least that is the belief of what is going to happen. It can certainly be nervy to get a letter from the Federal Government accusing you of a felony.  So the question is what should you do and what do you need to know?

1. Don’t panic.  There are literally thousands if not tens of thousands of people who are getting the same letter.

2. While it’s theoretically possible that you could get prosecuted for this, it’s not realistic as the government doesn’t have the resources to go after that many people nor do they have the desire to do so.

3. Be smart, part one. The only people I see getting in trouble for this are those that give a big middle finger to the ATF and ignore the letter or tell them to pound salt over it. The ATF is being very clear that you can’t possess these items and if you try to fight them on it, that’s your right, but it’s a big risk.

4. Be smart, part two. The ATF is asking people to call them within 30 days receipt of the letter to discuss abandoning the silencers.  What is unknown right now is how they want to do that, what they will ask you about your use of this product, what else they might ask you about your life, etc. As the old saying goes, anything you say can and will be used against you. Beyond that, it’s a big crime to lie to a Federal officer.  So the safest play is to get an attorney to make the call for you and arrange for you to discard of these items. Nothing a lawyer says on your behalf is going to be used against you.

5. The letter from the ATF is very poorly worded. It doesn’t say which products from Diversified Machine are thought to be illegal. Surely not everything they sold was illegal. So before you get rid of items that you spent your money on, it needs to be clarified what they are actually talking about.

6. While it can be illegal to possess a silencer, I don’t expect people who aren’t difficult to face charges and it’s possible that even the pains in the butt won’t either.  If you buy a product that is advertised as one thing, the Government would have to prove you knew it was actually something else. Short of you using the device as a silencer in shooting the gun, I don’t know how they’d do that.

The bottom line is that while it’s something to worry about, it’s not something to panic about just yet. You should never speak to an officer without an attorney. If you are an Illinois resident and would like to hire a lawyer to protect you in making this call, please contact us at 312-346-5320. We will refer you to an experienced criminal lawyer who knows gun laws.

The most common questions we get when someone is arrested in Chicago or anywhere else in Cook County are as follows:

  1. Who is the best Chicago criminal defense lawyer near me?
  2. What’s it going to cost me?

I’ve had other posts on who the best is. Briefly, it depends on which court you are going to, what you are charged with, your goals, your prior record, and what is unique about your situation.

As for the cost, it also depends.  The biggest factor is what are you charged with? If it’s a misdemeanor, which could result in jail time of up to a year, the cost seems to be between $1,500 and $2,500 depending on the case facts.

If you have a felony charge which is more serious, the cost for a good lawyer usually starts at around $2,500 and goes up from there based on the amount of work that needs to be done and the seriousness of the offense. By “good lawyer” I mean one who will do whatever they can to get the best result possible. While probation is sometimes a good result, it’s also a conviction that stays on your record.  A good lawyer isn’t going to tell you to accept that when a better result is possible.

In other cases, a good lawyer may be the difference between going to jail for two years versus going to jail for ten. I will never forget a call I got years ago from a mother thanking me because her son was only going to prison for four years when the previous lawyer told them that 12 would be the minimum. Fortunately, I was able to refer her to a very well-connected and experienced Chicago criminal lawyer.

The cost goes up based on the severity of the felony.  The cost of a felony retail theft charge for stealing a piece of jewelry is going to be much less than hiring a lawyer to defend a rape charge, attempted murder, aggravated assault, etc. even though all of those cases are very serious.

Just about every attorney I know and recommend for criminal defense cases works on a flat fee basis.  That means you aren’t paying them by the hour, but instead it’s a set amount.  Sometimes that can include a payment plan after a deposit.

A good private attorney is by far the best option. If you can’t afford a lawyer the next best option is to ask the Judge to appoint a Public Defender. This is a free, court-appointed attorney. The good is that they are free. The bad is that they are overworked, underpaid and it’s not likely they will communicate with you as the case goes on, certainly not to the extent that most people want.  That said, it’s a much better choice than hiring a super cheap lawyer who is basically going to hold your hand while you plead guilty and doesn’t do any work to help you.

I get that being arrested can be a confusing and scary time. If you’d like a free consultation with an experienced lawyer, call us at 312-346-5320 any time.

See also: Can’t Find A Cheap Chicago Attorney? Could Be The PITA Factor

Most speeding tickets in Illinois are a nuisance, but not that big of a deal legally speaking.  If you are over 21 and have a clean driving record, you almost never need a lawyer for a ticket that’s something like 73 in a 55.  You can do traffic school and get the ticket off your record which means your insurance won’t go up and unless you have a CDL, your license won’t be affected.  There is no point in getting an attorney when it would cost you as much as it would just paying off the ticket.  This is true when the ticket doesn’t harm you.

In some cases though, a speeding ticket could lead to jail time. In those instances, you definitely need a lawyer.  If you are charged with going 26 miles per hour over the limit or more this is known as aggravated speeding or excessive speeding.  At a minimum this is a misdemeanor charge in Illinois which means it’s a criminal case.  As a result, you can spend up to six months in jail for tickets that are 26-34 miles over the limit and 12 months in jail for a conviction 35 mph and up.  On top of that, you can get fined up to $2,500.00.  Beyond all of that, because this is a crime, the conviction would show up on a background check. Clearly this is a big deal.

On top of all of that, you can have your license suspended which of course could create a significant hardship for you.

Anyone charged with aggravated speeding should have an attorney.  Unlike minor traffic offenses, the consequences are too severe not to have one. In fact, most Judges will tell you to come back with an attorney if you show up to your first court date without one. That’s because they don’t want to sentence you to jail without proper representation.

The good news is that in most cases, when you do have an experienced lawyer, they are able to negotiate with the prosecutors a lesser charge and have the speeding ticket reduced to a 25 mph violation.  You still will have a fine, but it won’t be $2,500 and you won’t lose your license or go to jail.  There is no guarantee of course, but in almost every case we’ve been involved in with aggravated speeding, the attorney has been able to get a favorable outcome.

If you are looking for an attorney to defend you, we are happy to help.  We have had great success for clients in Cook County, Will County, DuPage County, Kane County and Lake County. To speak with a lawyer for free, call us at 312-346-5320 to discuss your case.

See also: Aggravated Speeding Lawyers In Illinois

A recent caller to my office had a relative charged with a felony and told me that they wanted to hire the “best criminal lawyer in Chicago.”  He wanted to know who I recommended and made clear that money was no object.

I get this type of call a lot. There is a quick and easy answer to the question. The answer is that there is no “best” criminal attorney, but rather you need to hire the one that is best for you and your case.

Let me give a longer explanation.

When hiring a criminal attorney, especially in Cook County where there are lots of cases, you have certain things to look for to help you figure out who is best for you.  Some of the baseline things to consider:

1. Are they only handling criminal cases or do they dabble in other areas of law?

2. What is their experience? Did they used to prosecute cases?  That can be a good sign as often that leads to good connections which can matter.  If they aren’t former prosecutors, how long have they been defending cases?  I look for someone with at least ten years of experience.

3. How often do they handle cases similar to yours?  There is no point in paying $10,000 to a lawyer who mostly handles high level felonies if you are charged with misdemeanor retail theft.  You can get a good lawyer to make the case go away at 1/10th of the cost. On the other hand, if you are being accused of criminal sexual assault, aggravated UUW or some other case that could lead to serious jail time, you better have an attorney that has handled that type of case before.  You don’t want anyone gaining experience from your case.

4. How often do they go to the courthouse your case will be at?  It’s not the be all, end all, but it does matter in many cases if your attorney knows the prosecutor and/or Judge.  A dirty little secret about Illinois criminal law, especially in Cook County, is that there are too many cases on the docket.  As a result, they will often dismiss lower level cases and one of the best ways to make that happen is to know what the prosecutor or Judge like to do or have their ear.

5. Is their price too cheap?  If someone is quoting you way less than all of the other lawyers you are talking to, it might be a sign that they aren’t a fighter. I’m not saying you should hire the most expensive lawyer on the block, but you also don’t want the cheapest.  Getting a good result usually takes a lot of work.  If others are quoting you $2,500 and some lawyer is telling you they will get it done for $400, my guess is that they’ll have you plead guilty and get probation which is a conviction you might have on your record forever.  You can plead guilty for free.  A real attorney works to get the best result possible.

You will note that won/loss record isn’t on this list.  Lawyers who promote that are often full of it. This is especially true because these statistics aren’t officially kept and in some cases you can plead guilty but still call it a win if your client doesn’t go to jail. Sometimes it’s a win if they go to prison for two years instead of ten.  Technically you lost, but really you won.

So even with all of these things in mind, how do you know who is best for you? You never can tell for sure, but that’s partly why we exist. We give honest recommendations based on the criteria mentioned along with feedback from their clients as well as seeing the work they do. If you want our recommendation as to who is the right attorney for you to hire, call us any time, for free, at 312-346-5320.

We are Chicago lawyers who help people find the right attorney for their case.  If you would like to speak to one our lawyers for free to get a referral or some advice, please call us any time at 312-346-5320.

A big part of any community is those who are dedicated to serving and protecting it. First responders are an important part of society and they put their lives on the lines to save others. Their jobs can be dangerous in many ways and sadly roadway safety is becoming one of them.

This year alone, there has been 26 total number of traffic crashes involving an Illinois State Trooper. In the history of the Illinois State Police, this has been the deadliest year on record, with four troopers having died in the line of duty. All 26 crashes and three of the deaths were traffic-related. A majority of these senseless accidents were a direct result of another motorist failing to use caution and mover over while a trooper was parked along the side of the road with emergency lights on.

While moving over for emergency vehicles may seem like common courtesy, it is actually the law. “Failure to yield to an emergency vehicle”, The Move Over Law or Scott’s Law, as best known, is an Illinois statue enacted in 2002 after the tragic death of an active Chicago firefighter in 2000.

With this law motorists are required to slow down, move over and proceed with caution. Initially this law only applied for law enforcement and first responders but an update to Scott’s Law in 2017 now governs emergency stopped commercial trucks and cars, such as licensed tow trucks, emergency management vehicles, vehicles from federal agencies and even some buses.

Just recently, In July 2019, Gov. J.B. Pritzker signed a legislation that will enhance penalties for who do not obey Scott’s Law.

First time violators will now have to pay a minimum of $250 in fines and a second offense could cost violators $750. Fines for violations can go as high as $10,000 and motorists could even have their license suspended. Jail time can be a penalty too if there is a result of harm to others.

In response to the increase of crashes resulting in injuries, Illinois law enforcement is extremely motivated to enforce Scott’s law this more than ever. Citations issued by the Illinois State Police has more than doubled this year compared to last year. Through November of this year, there has been a little under 6,000 citations issued from Scott’s Law compared to the same time period in 2018, issuing less than 750 citation.

Also signed into the law this year is the creation of the ‘move over’ task force. The objective of this work force is to study Scott’s Law violations in an effort to continually improve protection to law enforcement, first responders and civilians. With the help of social media, law enforcement is set on educating the public with the importance and changes in Scott’s Law.

We are Chicago attorneys who help you find the right lawyer for your case.  If you’d like a free consultation, fill out our contact form or call us at 312-346-5320.

Getting arrested can be really scary, especially in Chicago.  Most misdemeanor charges can be punishable by up to a year in jail and felonies can put you away for a really long time.

The sad truth about being arrested is that having the right attorney in your corner can not only be the difference between winning and losing, but even in cases of obvious guilt can result in you avoiding any significant jail time.

Everyone wants the best lawyer for their case, but what does that really mean?  Here’s our advice on looking for a criminal defense attorney in Chicago.

1. Make sure they are a former prosecutor, former public defender or worst case scenario have been doing nothing but criminal defense for at least ten years.  It’s a high volume type of practice and when you have this type of experience there are very few scenarios you don’t know how to handle.

2. Make sure the attorney you hire appears at the courthouse you will be going to all the time.  If you have a drug charge at the Grand and Central court, you want an attorney who can walk in and will know everything there is to know about the Judge and hopefully the prosecutor. Relationships matter.

3. Verify that they have a lot of experience with your type of case. While there are a lot of murders in Chicago every year, the truth is that very few attorneys have handled those cases as most are done by the public defender’s office.

4. Realize that the “best” attorney for one case isn’t the best for all.  There is one great attorney we recommend for cases at the court at Harrison and Kedzie, 555 W. Harrison.  He also does great work at 26th and California. But he doesn’t really do DUI’s, so if you were arrested for that and had to go to any of those courts or the Daley Center, he’d be the wrong guy for you.

5. Avoid attorneys who have to drive a long way to get to court. If their main office is in Rolling Meadows and you have to go to court at the 111th Street Courthouse, they probably aren’t the best choice for you.  If court is at 9 a.m. and it’s a bad Chicago weather day, you don’t want to have to worry about them making it there on time.

Beyond all of this, I highly recommend that you talk up front about what the costs will be, what the best and worse case scenarios are as well as the most likely scenario.  Ask them about the timeline, the strategy, what they know about the Judge.  Be wary of attorneys that act like probation is a great result for a first time misdemeanor offense.  You should want supervision if it’s possible to get this charge off your record.

As always, if you have any questions or want a referral, contact us at any time.

Sunday is St. Patrick’s Day which is celebrated through out the world, but is like New Years and the 4th of July rolled in to one in Chicago.  There are tons of parades, parties and bar specials this weekend.  When you add in college basketball, the occasional warm weather and Opening Day around the corner, it’s a really big party.

With big parties come criminal activities.  I’m in my 22nd year as a lawyer so I’ve seen a lot of St. Patty’s day arrests.  Here are the top five reasons people will get arrested in Chicago this weekend:

1. Fighting – There will be guys who can’t handle their booze.  Women who can’t handle their booze.  Some lunatics who get too pissed off because they got bumped in a bar or a beer was spilled on them.  Someone who will throw a beer thinking they are funny.  Way too handsy guys.  All of these things can lead to punches being thrown which means a lot of battery arrests this weekend.  If you are at a bar you can bet that the bouncers will call the cops and blame everyone involved.

2. Disorderly conduct – If you are drunk in the street or just annoying the police or if they are just arresting everyone on b.s. charges, this is the fallback option. It’s a very vague charge, but unfortunately it happens all the time and is a misdemeanor which can be punishable by up to a year in jail.

3. Public intoxication – This one is a no brainer.  There is so much drinking going on this weekend and often it’s amateur night.  When you add in the spring breakers from college it gets out of control.

4. Public urination Sadly, this weekend, the streets of Chicago will become a toilet.  It sometimes is combined with disorderly conduct or a charge unto itself.  And if you reveal too much of yourself and there are kids around you might accidentally get really serious charges.

5. Domestic battery – It’s shocking to me that any man would hit a woman, but this weekend especially there will be a lot of drunk boyfriends and husbands.  This leads to some of them getting too physical when their significant other is too flirty with others.  And some women will hit men when they can’t handle their alcohol too.

If you or someone you gets arrested this (or any other) weekend it’s really important go get a lawyer in your corner who does nothing but criminal defense all day every day. If you have questions or want a referral please call us at 312-346-5320.

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