Everything You Wanted and Need to Know and More About Miranda Warnings

As a criminal defense lawyer in Chicago, Illinois, I get calls every day from individuals that have been arrested and charged with various crimes. I always begin by allowing the prospective client to explain what happened to them and how they ended up in a position where they are now looking to hire a criminal defense attorney. The most common thing I hear as I listen to a client explains his/her case is, “The police never read me my rights.” If you watch television, you understand why the issue of rights is front of mind for almost everyone that is arrested. On television, as soon as a police officer places a suspect under arrest, they immediately read the person their rights. Therefore, in the real world of criminal justice, when a person is arrested, they are surprised and often angered when the officer “neglects” to read the person their rights. In reality, police are not required and in fact should rarely ever read a suspect their rights upon arrest. In this article, I will discuss the situations in which the rights must be read to a suspect.

To begin with, these rights that we all see on television are known as Miranda warnings. The name comes from the 1966 Supreme Court case of Miranda v. Arizona. This was the case that established the requirement of police in certain situations to inform a suspect of certain rights. Prior to this case, there was no such requirement nor is there any mention of these rights in the Constitution. What are these Miranda warnings that must be given in certain situations? Generally speaking, the officer must inform the suspect that: (1) they have the right to remain silent, (2) that anything they say may be used against them in court, (3) that they have a right to have an attorney present during any questioning and (4) that if they cannot afford an attorney, one will be appointed to them at no cost. The officer then asks the suspect if they understand these rights and whether the suspect wishes to speak to the police about the case in question.

Now that we know the Miranda warnings, the question becomes when they must be given. In order for the Miranda warnings to be required, two things must be true. First, the suspect must be in police custody. In other words, the suspect is not fee to leave. Second, the police officer must intend on questioning the suspect. Unless the suspect is both in police custody and about to be interrogated, there is no need for the police officer to read rights to the suspect.

What happens if a person is in custody, they are questioned by police, but the police fail to read the suspect their rights under Miranda? This does not mean that the case must be dismissed. The only consequence is that statement given by the suspect will not be allowed to be used at trial against the defendant. In some cases, this is of little consequence. In other words, if there is a mountain of evidence against a suspect, the prosecutors can likely win a case without use of the defendant’s confession. However, in a close case, a prosecutor’s inability to use a defendant’s confession might result in a finding of not guilty. Unfortunately for criminal defense lawyers, police are trained with regard to Miranda warnings and getting statements dismissed is not an everyday occurrence.

If you or a loved one has been arrested and charged with a crime in Chicago or the suburbs, it is critical that you contact an experienced criminal defense lawyer immediately. A skilled criminal lawyer will ensure that your rights are protected and fight hard to defend your liberty.

Chicago Criminal Defense Law of Accountability - What Does it Mean?

Criminal defendants are often surprised to learn that they can be charged and convicted for the criminal actions of another person. This is known as the law of accountability. According to the jury instructions given in accountability cases, “A person is legally responsible for the conduct of another person when, either before or during the commission of an offense, and with the intent to promote or facilitate the commission of that offense, he knowingly solicits, aids, abets, agrees to aid or attempts to aid the other person in the planning or commission of an offense.”

This does not mean that a person will be charged and convicted because they happen to be with another person that commits a crime. That would be guilt by association and the law does not punish individuals for merely associating with someone who commits a crime. Instead, to be held accountable for another person’s crime, an individual must assist in the planning or execution of the crime and at the same time intend that the crime be committed. An example should help in understanding when a person is or is not accountable for the crime of another.

Let’s take the case of an armed robbery. Assume that Jeff wants to commit the offense of armed robbery and tells his friend Jason. Jeff explains to Jason that he needs Jason to drive him to a certain area of Chicago so that Jeff can find somebody to target. Jason doesn’t want to let Jeff down so he agrees to drive Jeff to a certain area so that Jeff can target someone for a robbery. Jason then drives Jeff to the corner of Clark and North Avenue in Chicago. Jeff jumps out of the car and commits a robbery on an innocent victim. When Jeff finishes, he jumps in Jason’s car and they drive away from the scene. A few minutes later Jason is pulled over by Chicago police and both are arrested. Jason tells police that he did not commit a robbery. Jason further explains that he merely drove Jeff to the scene so that Jeff could commit the robbery. Jason explains that he watched Jeff commit the robbery and then drove Jeff away from the scene so that Jeff would not get caught. In this case, Jason will most likely be joining Jeff in prison. Although Jason did not actually commit the robbery, he is accountable for Jeff’s criminal conduct because he aided Jeff and knew that Jeff would commit the robbery.

On the other hand, let’s assume that Jeff called Jason and told Jason that he needed a ride to the Best Buy in Lincoln Park. Jason agrees to drive Jeff and drops him off at the store. Jason agrees to wait until Jeff returns from the store. After about 5 minutes, Jeff jumps back in the car and tells Jason to speed away. Jason complies and heads quickly toward downtown Chicago. After about 10 minutes of driving, Jeff tells Jason that he just committed a robbery. Jason is surprised but does not call the police on his good friend. Just then, the police pull Jason over and arrest both Jason and Jeff. At trial, the evidence shows that Jason did not know that Jeff would commit a robbery. The evidence showed that Jason merely believed he was taking Jeff to Best Buy. Although Jason did help Jeff get to and from the robbery scene, Jason is found not guilty because he is not accountable for Jeff’s criminal conduct.

The most important thing to remember is that just because you yourself did not actually commit the robbery, pulls the trigger, or steals the car, does not mean you will not be charged and convicted of the crime. If you ever find yourself charged with a crime in Chicago or the suburbs, contact a criminal defense lawyer/attorney immediately.

Jury Trial or Bench Trial? That is a Good Question

In this article, I will give a brief overview of factors to use in deciding the type of trial to select in Illinois criminal courts. It is important to note at the outset that most criminal cases do not proceed to trial. The vast majority of criminal cases are resolved by way of plea negotiations. In some instances, where the prosecutor and defense lawyer are not able to resolve the case, the matter must proceed to trial. The decision whether to go to trial rests solely with the defendant. In other words, it is the decision of the person who has been charged with the crime, not the government. A good criminal defense lawyer will assist the client in deciding whether to take the case to trial. That being said, the final decision is that of the client.

Once the client decides to take the case to trial, he or she must then decide which type of trial to select. The client must choose between a jury trial or a bench trial. A jury trial is one in which 12 members of society come together to hear the evidence and decide whether the client is guilty or not guilty. A bench trial is one in which the judge sitting alone makes the determination as to guilty or not guilty. Just like with the decision to go to trial in the first place, the decision as to whether to select a bench or jury trial is that of the person accused.

There are many important factors that go into deciding whether to elect a jury trial or a bench trial. The single most important factor is the judge who would hear the bench trial. A good criminal defense lawyer will have knowledge of the judge sitting in that particular courtroom. Judges are human beings and as such they are all different. Some judges are known to be pro-state and some to be pro-defense. If the client is fortunate enough to be in front of a judge who is known as being pro-defense, it will most likely be the best decision to elect a bench trial. If on the other hand, the judge is known as a pro-state judge, it is probably best to select a jury trial. That being said, when it comes to a jury trial, you never really know the 12 people that will decide the case. Although the lawyer and the client help in selecting the 12 individuals, you never really know these people and it is difficult to predict their behavior.

Another important factor in determining whether to select a jury or bench trial is the cost associated with the selection. Criminal defense lawyers will generally charge more in legal fees for a jury trial as compared to a bench trial. This is because a bench trial can typically be resolved in one court date. A jury trial will often go three days or more. With a bench trial, the rules of evidence are often more relaxed. With a jury trial, the proceedings are often more formal and there are many breaks for the jury. A jury has to be selected, the jury has to have lunch, the jury needs multiple breaks etc.

Another important consideration is the possible sentence if convicted. Although most judges will not admit it, a defendant will typically be sentenced more harshly after conviction at a jury trial than conviction after a bench trial. People within the system often refer to this as a “trial tax”. The underlying rationalization for a trial tax of this kind comes from the increased time spent on a jury trial as opposed to a bench trial. Judges feel that if a person spends a week at trial they should be punished more severely than someone spending merely an afternoon at trial. This is not fair but in many courts it is a reality of the system.  The decision to select a jury trial should be taken very seriously.

If you or a loved one has been charged with a crime, you should contact a criminal defense attorney immediately. This attorney will help you decide whether to go to trial and whether to elect a bench or jury trial in your case.

All You Wanted to Know and More about Misdemeanor & Felony Sentencing in Illinois

Every day I receive calls from clients who have been recently arrested for crimes in Illinois. The first thing they want to know is the possible sentence they will receive based on their crime. I always begin by reminding the client that they are presumed innocent of the crime for which they are charged. I explain to the client that the State must prove them guilty beyond a reasonable doubt. That being said, should they find themselves in a position where they are going to be sentenced for a crime, I can explain to them the possible punishment for the crime for which they have been charged.

In Illinois, there are two broad categories of criminal offenses. The first category of offense is known as a misdemeanor. In Illinois, a misdemeanor is a crime punishable by a maximum of 364 days in the county jail. A person cannot be sentenced to prison for a misdemeanor offense. The second category of criminal offense is what is known as a felony. In Illinois, a felony is a crime that is punishable by one year or more in the Illinois Department of Corrections. Within the category of felony offenses, there is a great range of potential sentences, depending on the severity of the crime that is committed. For example, a person convicted of retail theft over $300, faces a sentence of between two and five years in the Illinois Department of corrections. They may also be eligible for probation. On the other hand, someone convicted of first degree murder faces between 20 and 60 years in the Illinois Department of Corrections.

Prior to 1998, it was very easy to determine the length of time that a person would spend in the Illinois Department of Corrections after being convicted for a crime. However, in 1998, the Illinois legislature passed what was referred to as the truth-in-sentencing law. This legislation changed the amount of good time that a prisoner would receive depending on the crime for which they were serving time. Prior to the 1998 legislation, every prisoner would receive day-for-day credit no matter the crime for which they were convicted. For example, prior to 1998, a person receiving a 40 year sentence for murder would only serve 20 years in prison. For many crimes, this changed in 1998. In 1998, the legislature changed the rules of good time for many of the serious and violent crimes.

The biggest change came in the area of murder convictions. Beginning in 1998, a person convicted of murder would receive no good time credit whatsoever. In other words, a person convicted of murder and sentenced to 40 years in prison would serve 40 years in prison. Prior to the change, the same person would only serve 20 years. Another key change came in the area of violent crimes resulting in great bodily injury. Beginning in 1998, a person convicted of armed robbery, home invasion, attempted murder, aggravated battery or other violent crimes that resulted in great bodily injury to the victim, would only receive 4.5 days of good time per month. In other words, a person convicted of one of these crimes would have to serve 85% of their sentence in prison. This was a drastic change in the law from a time where such individuals would only serve 50% of their time in prison.

Despite the change in the law in 1998, most crimes in Illinois remain what we call 50% crimes. In other words, a person who is sentenced to prison for these crimes will still receive day-for-day credit and will only serves 50% of their sentence. The vast majority of crimes in Illinois are still 50% crimes, including burglary, felony theft, forgery, most drug crimes and other non-violent offenses.

If you or a loved one has recently been charged with a crime in Illinois, contact a criminal defense attorney immediately. A knowledgeable and aggressive criminal defense lawyer can win your case or minimize the amount of time that you will spend in jail.

Should You Find Yourself Facing Criminal Prosecution for Retail Theft / Shoplifting in Chicago, or Throughout Illinois, Then Immediately Consult With an Experienced Criminal Defense Lawyer, or You Could Be Paying More Then Piper

As a criminal defense lawyer in Chicago, it seems that every day I get calls from potential clients who have been arrested for retail theft, or what you may call shoplifting. Most of the people are very nice and are quite embarrassed. These men and women are also concerned about the potential consequences of an arrest for retail theft offense. To be honest they should be, it can be quite trying. For any of you out there considering taking merchandise from a retail store without paying for the items, don't do it! For those that have already been arrested for shoplifting / retail theft crime, then the following summary will provide a look at what may lie ahead.

In Illinois, retail theft is defined as taking items offered for sale in a retail store without paying the full price of the items. The most common violation of this law involves individuals that conceal items and then walk out of the store without paying for the items. Some individuals pay for some items while concealing and not paying for other items. A less common violation involves switching of price tags, and then paying a price lower than the store offers the item for sale. Though they may seem like minor crimes, all of these violations are criminal offenses and can lead to arrest, prosecution, and even county jail.

Most people arrested for retail theft are charged with a Class A misdemeanor. In Illinois, a Class A misdemeanor is punishable by up to 364 days in jail and a fine of up to $2,500 or both. If the person arrested stole items with a retail value of over $300 they can be charged with a Class 3 felony, punishable by from 2-5 years in the Illinois Department of Corrections and a fine of up to $25,000 or both. If the person arrested has a prior retail theft on their record, the prosecutor can elect to charge the person with a Class 4 felony, punishable by from 1-3 years in prison and fine of up to $25,000 or both.

Fortunately, most people arrested for retail theft are not given the maximum sentence or fine. In fact, if properly represented, there are many options available to stay out of jail, avoid a large fine, and possibly have everything expunged and erased from your record. For example, in Chicago IL and other Cook County courts, first time offenders of retail theft are sometimes offered an opportunity to take part in a theft deterrent program. This program typically involves a one-time, four hour class. The purpose of which is to discourage first time offenders from shoplifting ever again. At the conclusion of the class, each person attending receives a certificate of completion. At the next court date, your criminal defense lawyer presents the client's certificate of completion and the case is then dismissed. This is a great opportunity to avoid a lifetime of living with a criminal conviction on your record. Even convictions as minor as shoplifting can present problems for current or future employment, or make it difficult for getting approved by the board or association in a place you would like to reside.

Should you find yourself facing criminal prosecution for retail theft / shoplifting, you should immediately consult with an experienced criminal defense lawyer. A skilled and knowledgeable criminal attorney will guide you more easily through the process and give you the best opportunity to avoid jail, large fines and a criminal record.

Chicago Criminal Defense Case Action Plan

Civil Rights and the Criminal Law

( A Step-By-Step Checklist From Arrest To Arraignment )

Just been arrested? Don’t panic; help is at hand. If you find yourself charged with a crime in Chicago, you will need a Criminal Lawyer in Chicago with the right experience to defend you; whether your crime is drug trafficking charges in Cook County, IL, or white collar crimes in Cook County. Whatever you have been charged with, Criminal Lawyer Andrew Weisberg – a specialist in Chicago Criminal Defense– demonstrates a wealth of experience in Criminal and Civil Law to help bring your case to justice. The following article is designed to summarize your experiences from arrest to arraignment during which a Criminal Attorney in Chicago comes to your rescue, and how a Criminal Lawyer in Chicago will approach your case and help you to continue with your life.

What happens when I find myself under arrest in Chicago?

When an individual is arrested by a member of the Police Force on suspicion of committing a criminal or civil offense (e.g. a white collar crime in Cook County, or a drug trafficking charge in Cook County, IL), the person charged with the offense is taken to the nearest Police Station to be charged with a crime.

The arrest process

1. Arrest; The initial charge and subsequent arrest take place.

2. Booking; this is the official way of recognizing that you have been charged with a crime and are to be temporarily detained as a result.

3. Bail Hearing; once you have been charged, arrested and booked, you will then proceed to the next stage; Bail. When an individual is on remand, waiting to be tried, they will appear before a Criminal Court.

 

During a Bail Hearing

• The Criminal Court judge reads out the charges against you.

• You will be identified as ‘the Defendant’ during this process.

• The judge will ask if you have legal representation, or if you are in need of a state-appointed legal representative.

• You will be asked (and must answer) to the charges; either ‘guilty’, ‘not guilty’ or ‘no contest’.

• The judge will set a Bail amount (a fee which must be levied otherwise you will await your court hearing in a penal or remand institution), or will permit you to remain free while awaiting trial. They may also decide to release you entirely.

• The judge appoints a court date for your hearing.

 

What Are My Rights? 

In the event that you find yourself charged with a crime, don’t panic. You have rights as a Citizen of the United States, and it is important to ascertain that the correct legal processes are adhered to.

You have the right to;

• A Defense Counsel.

• A jury trial date within a reasonable time.

• The 5th Amendment Right against self-incrimination.

• The 6th Amendment Right to confront witnesses giving evidence against you.

• The Right not be tried on multiple occasions for a single crime.

 

How Will Your Criminal Lawyer in Chicago Resolve Matters?

The next move is tactical; your Criminal Lawyer in Chicago will analyze the charges against you and decide how best to proceed. Your Attorney will weigh up the evidence against you, your criminal history (if one exists), your character and the applicable case law (past cases of a similar nature to your own which have been recently decided) and will evaluate whether to enter a plea of ‘guilty’ or ‘not guilty’ to the court.

Have You Been Convicted, or Charged with a Drug Crime in Chicago Illinois? A Skilled and Knowledgeable Criminal Attorney Can and Will Guide You More Easily Through the Illinois Criminal Process

Some of the most frequently prosecuted criminal cases in Chicago and all of Illinois involve violations of the various drug laws.  In Chicago and Cook County, the most common drug cases involve cannabis (marijuana), cocaine and heroin.  Other cases involve narcotics such as methamphetamine, ecstasy, PCP and other illegal drugs.  The severity of the offense and the possible punishment involved depends on many factors that will be covered below.

The first factor in determining the severity of a particular drug offense is to look at the particular substance involved in the case.  A violation of the cannabis laws generally results in the prosecution of a misdemeanor offense unless the person possessed more than 30 grams or possessed more than 10 grams with the intent to deliver (sell) or actually delivered that amount.  As such, cannabis, although illegal in Illinois, is the least serious of the typical narcotics bough and sold in Chicago and the suburbs.  On the other hand, possession of any amount of cocaine, heroin, methamphetamine or most other narcotics are considered a felony offense.  This is true regardless of the quantity possessed.  In Illinois, there is no such thing as a misdemeanor amount of cocaine, heroin or methamphetamine.

The second factor in determining possible punishment is the quantity or weight of the particular drug involved.  Generally speaking, the higher the quantity of a particular drug that is found, the higher the offense level and possible punishment.  For cannabis, the following weight categories will determine the level of offense.  2.5 grams or less (Class C misdemeanor), more than 2.5 grams but less than 10 grams (Class B misdemeanor), more than 10 grams but not more than 30 grams (Class A misdemeanor), More than 30 grams but not more than 500 grams (Class 4 felony) and so on.  If a person possesses over 5,000 grams of cannabis, they face a Class 1 felony punishable by from 4-15 years in the Illinois Department of Corrections.

For controlled substances such as cocaine and heroin, the weight classifications break down in the following manner. Less than 15 grams (Class 4 felony), more than 15 grams but not more than 100 grams (Class 1 felony), more than 100 grams but not more than 400 grams (Class X felony), more than 400 grams but not more than 900 grams (Super Class X felony).  As you can see, narcotics such as cocaine and heroin are much more serious than cannabis and smaller quantities can land a person in prison for a very long time.  It is important to note that Illinois law makes no distinction between "crack" cocaine and "powder" cocaine (unlike the federal laws).

The third main factor in determining a range of punishment is whether the person simply possessed an illegal substance or whether they delivered the substance or possessed it with the intent to deliver.  Any time a person delivers or intends to deliver a controlled substance, the punishment is more severe than simple possession.  The idea of course being that the society wants to punish the dealer or trafficker more severely than the user.  Prosecutors have an easy charging decision when the suspect is actually caught selling narcotics to a citizen or an undercover police officer.  The more difficult decisions come when the person was not caught selling but possessed an amount that seems too large for personal consumption.  Prosecutors and police will look not only at the quantity of the substance but whether there was other evidence of an intent to deliver.  Examples include large amounts of cash, digital scales or other evidence that would suggest the person arrested was in the business of selling illegal drugs instead of simply using them.

Should you find yourself facing criminal prosecution for a drug crime in Chicago, or any city in Illinois, then you should immediately consult with an experienced criminal defense lawyer.  In drug cases, police often search people in violation of their constitutional rights.  An aggressive lawyer may be able to force the prosecution to dismiss a drug case where police misconduct violated the rights of the accused.  A skilled and knowledgeable criminal attorney can and will guide you more easily through the criminal process and give you the best opportunity to avoid jail, large fines and a criminal record.

So You Have Been Charged With a DUI Offense in Chicago? Your Safe Bet is Hire a Chicago DUI Attorney

So you have been charged with a DUI offense in Chicago? What’s your next step? Do you know exactly what to do when you charged with a DUI?

DUI (Driving under the Influence) is serious criminal offense and if you have been involved in one in your state, you will have a problem, especially if it is not your first. With this in mind, resorting to a Chicago DUI attorney is the best course of action, if you are looking for some possible relief from the charge. Defending yourself is just not an intelligent option, and even if you are ultimately found guilty, an experienced DUI Attorney can assist you in many other ways, and lessen the severity of the penalty a conviction may cause on your life.

If you live in Chicago and have made poor judgment and got behind the wheel while over the legal limit of .08, a Chicago DUI attorney will help to defend your rights against the charge. Choosing a skilled and experienced DUI attorney in Chicago can help you lower your fines, get your license back, keep you out of jail or reduce the time there, and can potentially absolve you of the criminal charges altogether.

DUI is serious crime that you must not take for granted. If you are charged with a DUI, this may lead to unwanted criminal record, and many other consequences that will make life a little harder to bear for a while. So, it is best to seek a legal advice from someone who can inform you of your best options and maintain your and defend your rights. Again, if you live in Chicago, then a Chicago DUI attorney is the best person that can help you with this problem. A competent and experienced DUI attorney Chicago can help you fight for your rights and guide you during this challenging process.

If you are convicted of s DUI, this will definitely bring you serious consequences. So before you suffer the said consequences, get yourself the best Chicago DUI attorney you can find by doing your homework, and research. Make sure to make an appointment for a consultation with a few that you have found either through referral or by searching on the internet. If done with care, the internet can be your best friend in helping you with this daunting task. Ask all the tough questions like how many cases have you tried, what is your success rate, how much this will cost, what would be your strategy in my particular situation, and then ultimately make sure that they make you feel comfortable. Remember, that older may seem like it means better, but that does not always equate to truth. Sometimes, being young, fresh, hungry and believing that the rights of the people are important to defend is best combination. You want someone that is going to FIGHT for your rights, not just make a phone call to see what deal they can get, without lifting a finger, except to dial a phone.

A top tier DUI attorney is someone who is not only competent and experienced in his field, but dots every I and crosses every T to help his client. If you choose a Chicago DUI attorney of this type, who meets all the qualifications listed above, and you have done the proper homework and research, then you can be sure that he will make his every effort count. When all's said and done, you might just be surprised that you will only encounter the minimum punishments, or none at all because of the help of your chosen Chicago DUI attorney. You want someone who knows the court system in your county court house where you will be tried, so if we are talking about Chicago, then Cook County Courthouse would be the place and the people they would have to be familiar with.

There are many DUI attorneys in Chicago, but I, Andrew Weisberg am aggressive and experienced Chicago Criminal Defense Attorney I have a good track record in defending all types of Criminal Defense Cases and will work hard to defend your rights.

Don’t let the prosecution roll over you, and as a former felony prosecutor I know how easy it can be for them to get their way without the proper defense team on your side. So if you or a loved one has been charged with DUI and want the help of an experienced and dedicated criminal attorney in Chicago, then click here or call me at my Chicago office 312-264-2707 or on my mobile at 773-908-9811 24hrs a day / 7 days a week for your free case evaluation.

Criminal Charges

Understanding Criminal Charges …
Chicago criminal charges are serious accusations that, upon conviction, can result in:
- permanent marks on a criminal record
- mandatory community service
- sizable fines
- loss of driving privileges and/or voting rights
- loss of freedom (due to either jail time or work furlough assignments)
Criminal convictions can affect a person’s reputation, personal relationships, and future career and educational opportunities. Because of the severe penalties that so often accompany a criminal conviction, it is essential to obtain representation from a highly trained, well-respected criminal defense attorney from the start.
Public defenders are usually overburdened and often don’t have enough time to spend on each case they handle. Defendants can ensure that they achieve the best possible outcome to a case by securing the services of a legal team that has a proven track record of legal prowess, professionalism and success.
If you are facing criminal charges in Chicago, and are seeking an attorney who will fight aggressively and tirelessly on your behalf, contact the Law Offices of Andrew M. Weisberg. Mr. Weisberg has extensive experience handling a wide array of criminal charges.

Types of Criminal Charges
Criminal charges can be filed at the state or federal level, and, in most cases, the sentencing will be harsher if an individual has a prior criminal record. Common types of criminal charges may include (but aren’t limited to):
- drug charges
- immigration offenses
- property crimes
- sex offenses
- violent crimes
- white collar crimes
In 2008, nearly four times as many people in Chicago were convicted of property crimes, rather than violent crimes. The most common criminal charges to secure conviction included larceny, theft, burglary and car theft.
Despite this fact, however, Chicago convicts over two times more individuals (than most states in the U.S.) of violent crimes, such as murder, rape and aggravated assault.
Building Your Case

A seasoned criminal defense lawyer will work hard to protect your constitutional rights by:
- Developing a personalized attorney-client relationship with you and your family
- Working with specialists, such as psychiatrists, forensic scientists or ballistics experts to support your claims when expert testimony is required in official legal proceedings
- Thoroughly examining all evidence against you (including opposing witness testimonies) to find fallacies or inconsistencies in it (thereby weakening the prosecution and bolstering your defense)
- Investigating any new evidence (including other witness testimonies) to support your claims
- Representing you at every stage of the legal process, including bail hearings, trial proceedings and parole hearings
If you or a loved one has been accused of a crime in Chicago, contact the Law Offices of Andrew M. Weisberg for experienced and dedicated representation in your case. All initial consultations are free and confidential.

---

Getting Started

Following Charges: How to Get The Help You Need
Should you or a loved one be arrested and charged with a crime, it’s essential that you consult an attorney at a reputable Chicago criminal defense law firm right away. Even if your charges seem minor, or if this is your first offense, it is imperative to have the legal guidance of an experienced attorney at every step of the process.
What to Expect
Building a strong defense to get your charges reduced (or, if possible, dropped altogether) takes legal prowess and some savvy work, including (not limited to):
- Scrutinizing all evidence against you to find fallacies and inconsistencies
- Finding new evidence, including (if possible) witness testimony to verify your claims
- Working with specialists, such as polygraphists and forensic scientists, to find experts who will testify on your behalf and, as a result, strengthen your case
- Appearing at all legal proceedings, including bail hearings, trial proceedings and parole violation hearings

What to Expect During a Consult
Initial consultations are free of charge and will be conducted in a private, comfortable setting. The main benefits of these initial consults are that they allow accused individuals to:
- Learn more about their legal rights
- Find out more about the legal process they are facing
- Decide whether they are comfortable with and can place trust in our services
- Get expert advice regarding the best manner in which to proceed with their case
We have access to specialists who can provide expert testimony, when needed in official legal proceedings.

The Criminal Defense Process
In Chicago and surrounding counties, the criminal law process has a set format. A skilled Chicago criminal defense attorney is completely familiar with the process and can work at every stage of the process to minimize the negative consequences in your criminal case.

Investigation
If you are being investigated for a crime, or you suspect that you may be the subject of an investigation, it’s wise to have a defense attorney at the soonest possible point in time. If you have already been arrested and further investigation is called for, a criminal defense attorney and private investigators can help uncover information that is beneficial to your case.

Charges and Bail
When a person is arrested and booked, the prosecutor/district attorney makes a decision about what to charge the person with. A defense attorney will work at this time to protect your constitutional rights, including the right to:
- have an attorney present
- remain silent
- be presumed innocent
- have a trial
Posting money or a bond as bail, which acts as a surety for your later appearance in court, is an option at this time. Before bail money or a bond is posted, contact a Chicago criminal law attorney to discuss your legal options.

Hearings, Trial, Pleas
A person charged with a crime may be faced with a probable cause hearing or another preliminary hearing. A defense attorney can attempt to get a dismissal or reduction of the criminal charge(s) at such a hearing.

If the case proceeds to trial, a competent and aggressive defense attorney is of paramount importance to the defendant, whether the trial is held before a judge alone or a jury. A defense attorney may also be able to persuade the prosecutor to reduce the charges, possibly in a plea bargain.

Sentencing
There is a range of possible sentences for any given crime. A defense attorney will fight to get the most favorable sentence for an individual who is convicted of a crime.

---

What To Do If You Are Arrested

People often ask me what to do if they are arrested. It is important to know that the decisions you make immediately after your arrest can shape the outcome of your case. The following guide provides some important things to keep in mind should you find yourself under arrest.

Be Polite to the Police

The first thing to do when you are arrested is to show respect to the police officer(s) making the arrest. I am not saying this to lecture you about your manners. I am saying this because police officers like to be treated with respect. Often times these police officers who are placing you under arrest will have some discretion on whether to charge you with a crime or let you go. They have discretion in whether to release you with a misdemeanor charge or to contact detectives to seek felony charges. Therefore, it is in your best interest to be polite and courteous to the police. I have seen many cases both as a prosecutor and a criminal defense lawyer in which a client with a big mouth has talked himself/herself into more and greater charges by arguing and angering the police. Conversely, I have had many cases in which an officer that was treated well signs off on a reduction of charges in court. Important note: this does not mean to give a confession. Don't do that. Just be nice.

The Officer is Not Your Friend

I have learned that the best police officers and detectives are those that treat the person arrested with respect. When police yell and scream at suspects, the person tightens up and does not cooperate. It is the friendly officer who gets suspects to talk. Do not fall for this. "Nice" officers will often act as though they are your friend. They will offer "friendly" advice. They will politely tell you that if you "just tell us what you did; you will walk out of here tonight." These kinds of promises are almost always false. The officer is not your friend. It is his job to get a confession from you and then charge you with a crime. As I will discuss in a future section, it is best to realize you are your only friend when you are under arrest. Ask for a criminal defense lawyer and politely decline to speak.

Ask For a Lawyer

The most important thing to do when you are under arrest is to immediately ask for a defence lawyer. The officer is not going to provide you with a lawyer. However, when you ask for a criminal defense lawyer, the officer is no longer allowed to discuss the case with you. They are obligated to stop all questioning. They don't always follow this rule. Therefore, you need to continue to ask for a defence lawyer. Eventually, they will stop questioning you. Your request for a lawyer can never be used against you. It is your constitutional right so take advantage of it. Police will often try to make you feel bad about asking for a criminal defense lawyer. They might say, "If you are innocent, why do you need a criminal lawyer?" Just continue to ask for a lawyer. Any statement you make will hurt you later.

Don't Try and Outsmart the Police

I often meet clients who made the horrible mistake of thinking they can outsmart the police. I don't care how smart you are, this is not your area of expertise. You will not be able to talk your way out of trouble. If the police have enough evidence to charge you, they will charge you. This is true regardless of what you say. The only thing you can doing by talking to the police about the case is to fill in the blanks necessary to charge you with the crime. I have seen many suspects who would have walked out the door of the police station until they opened their mouths and started talking. It is always best to politely ask for a lawyer and stop talking.

If you are Charged, Don't talk to anyone About your Case (Other than your lawyer)

If you should have the misfortune of being charged with a crime, do not talk to anyone about your case. You should only speak with your criminal lawyer about your case. There are many people out in the world who do not care about you or your freedom. When you decide to share the details of your case with one of your "friends", it may come back to haunt you in a serious way. Many people are also facing prosecution. One way that they may catch a break on their case is to provide information about another person or crime. I have seen many cases where individuals talked to "friends" only to have the "friend" go to the police with the information. The bottom line is that you should only speak with your criminal defense lawyer.

Andrew M. Weisberg is an aggressive criminal defense lawyer Chicago who has been serving clients throughout Illinois for many years. Areas of expertise are in laws relating to murder, traffic violations and more. Hire an experienced DUI Defense Lawyer Chicago.

DUI Defense Lawyer - 3 Tips for Selecting The Best

Illinois is great city, but it also has a high rate of DUI arrests. Many people charged for driving under the influence every year, it's safe to say that courts are so busy with these cases. The lawyers in this area also kept quite busy.

The penalties for this type of driving crime are very steep here. For the first crime, you may live 48 hours to six months in jail, charge a fine from $390 to $1000, and lose your driving privileges’ for up to six month. You are also needed to take alcohol/drug rehabilitation classes. If it's your fourth crime in Chicago, you could spend from two to three years in the Illinois state jail. You would also lose your license for up to four years. Any DUI case can also have your vehicle seized for up to six months. While you may consider that you are just going to defend yourself, it's not a wise step. You must to find an experienced DUI lawyer who knows the area, the police, the courts, and other important factors.

If you're charged in this great city for DUI, there are 3 tips you must to know in order to select the best lawyer. The right lawyer may be able to keep you out of jail.

Here Are The 3 Tips You Need To Know:

1.) You Need a Lawyer that Understands the Court System

The best lawyers understand how the system works in this great city. Each city and county is different, mainly when it comes to dealing with the court system. A new member of the Illinois bar practicing law may not know all the ins and outs of the courts yet. They also may not be well-known with all the nuances and considerations required to get things done. However, one that is experienced with the courts, prosecutors, and judges capable to work a deal where you get to have your driver's license. They are also capable to have you out of jail.

2.) You Need an Aggressive Lawyer that Can Fight Effectively For You in The Court System

You should an aggressive lawyer that will fight for you. You don't want one that will basically take the first plea offered by the prosecutor, unless that is your best deal. It's vital that they will carefully study your case. There are many reasons that may get this type of case may end up dismissed. For the right lawyer will know how the police and sheriff's departments work in this area. Your lawyer essential to be thorough in studying each thing about the cases - not just trying to get your money and the easiest disposition they can. A lawyer who is familiar with the police and sheriff's departments here is also a plus. If there is any sign of discrepancy from these law enforcement agencies, a DUI lawyer will know how to find out more information.

3.) You Need A Lawyer that Doesn't Run a "Cattle Call" Business.

There are lots of lawyers that provide deeply discounted rates for driving under the influence cases. For people without more cash, this may looks like a good thing, but in fact, you can become nothing more than only a number. You definitely don't want your lawyer to forget your name or your face as you appear for court! Avoid these types of "cattle call" lawyers and be more than just a file on his desk.

A Final Thought

How do you get the right lawyer? Start with discussing to your friends and family members from the area to see who they suggest. Many lawyers here keep a website that lists their areas of practice. The local yellow pages are also a great place to start. When it comes to paying the retainer, some lawyers will take payments once you pay a sizeable chunk of the retainer. Keep in mind that the court and the police officers cannot suggest a lawyer. Besides, do you truly want to take their recommendations?

Find an experienced aggressive DUI defense lawyer Chicago who can fight for you and dismiss the charges and reduced.

Criminal Defense Lawyer - What Can One Do For You?

Getting charged with a crime is a fearsome experience. You don't know what your future holds as far as fines and jail or prison time, but one thing you know is - you're in big problem. A criminal felony is not something you should fight by yourself. You require someone with the education, proficiency and experience in handling criminal matters. As soon as you are faced with a criminal charge, you must to hire an attorney as soon as possible. He or she will help you understand your constitutional rights. Understanding your rights can make or break your case.

Often people who want the services of a lawyer are generally stressed and not always thinking clearly. This is common. But your mental state can also be a vast disadvantage to your case. A criminal defense lawyer will deliver you with the cool-headed assessment that you require. They will look at your case and help prepare you for every scenario. The lawyer will not ignore facts, but see facts clearly and find the great way to handle them. They will fight so you can get the best outcome for your particular crime, whether you are innocent or guilty. A lawyer is fact-based and approaches a case void of any emotion.

He or she can work to get your charges dismissed or reduced. They do this by working with the prosecutor during the investigation stage. They will collect all evidence to see how strong the case is against you. Every possible witness will be contacted for a more in-depth look into your case. All of this is to make a foundation that they will use during your trial.

A lawyer may be able to help you get out of trial if you allow a fair plea bargain or there is not sufficient evidence to make your case stick. If your case goes to trial, the lawyer will study and cross- studying witnesses. They will present your side of the argument to the judge and jury. Your criminal defense lawyer lays out any misconceptions or untruths.

A lawyer has spent years in school to get the education to correctly handling crime cases. After law school, they go on to get actual-life experience by beginning their own firm, working in a private firm or they start their career in government by working as a public defender. Criminal defense lawyers can handle misdemeanor and felonies. They can handle a DUI and white color offenses. These persons are capable to have good attention to detail and be very much disciplined. Brilliant negotiators and communicators, a criminal defense lawyer is the person you need if you find yourself charged with a criminal crime.

A good criminal defense lawyer will help you with the stress that comes with being charged with an offense. They have the experience from other clients and they understand the emotions you are going through. You will be prepared on how to handle yourself during the whole situation, i.e. taking the stand. They will tell you how to handle particular situations that may come up outside the courtroom and how every outcome could affect your case. Criminal charges are not something you want to face alone and thankfully you don't have to.

Find an aggressive experienced criminal defense lawyer Chicago  that fight for you.