Saturday, March 26, 2011

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.

Thursday, March 17, 2011

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.

Saturday, March 12, 2011

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.