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.

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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.

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