Illinois Lawyer Referrals and Legal Guidance
Frequently Asked Questions about Illinois Criminal Law
Findgreatlawyers.com helps people who are looking for a lawyer for any legal matter including Illinois Criminal Law. If you have general questions or would like an attorney referral please call us at (312) 346-5320 or (800) 517-1614 or fill out our contact us form and we will contact you. All calls are confidential and free. When you call our office you will immediately speak with an Illinois lawyer that will answer any questions you have and will try to point you in the right direction. The following are common questions we get about Illinois real estate law.
What is the difference between a felony and a misdemeanor offense?
Illinois breaks its criminal offenses into two major categories: felonies and misdemeanors. Which category an offense falls into depends on the potential punishment that could be imposed by a court. Generally, if the potential punishment for an offense could be a term of imprisonment of one year or more, the offense is considered a felony offense. In Illinois, your rights may differ depending on whether you have been charged with a misdemeanor or a felony. For example, if you have been charged with a felony offense, you have a right to have an attorney appointed for you in the event that you cannot afford one. You may not have this right if you are charged with a misdemeanor. Technicalities like this make it important to consult a criminal defense attorney as soon as possible if you are charged with a crime.
I gave a statement to the police confessing to a crime. Is there anything a lawyer can do to help me or should I just plead guilty?
We never suggest that someone just plead guilty to a crime. First, having a lawyer negotiate with a prosecutor always gives you the best chance of success. Second, even if you confessed it is possible that the confession wasn't taken by the police in accordance with the law. In other words, a good criminal defense lawyer might be able to get the confession thrown out. In the worst case scenario they should be able to negotiate a better result with the prosecutor. Obviously that doesn't apply to all situations, but it does apply to most. We often hear of police officers telling potential defendants that if they just confess then everything will be easier or sentences will be lighter. This simply isn't true and in many cases, confessions that come from this tactic can be tossed.
How do I know who the right lawyer is for me?
That's why people come to us. We have a whole section on what makes a great criminal defense lawyer and use this criteria in making our recommendations. In general though, you want a lawyer that appears a lot in the courthouse you are going to, handles almost exclusively criminal defense cases and can point to a track record of success. In other words, you wouldn't hire a Wheaton criminal defense lawyer for a criminal charge in Kankakee unless that attorney did a lot of work at the Kankakee courthouse. You also want someone that will actually work to defend you. A lot of criminal defense lawyers in Illinois will take your case for a low fee and then plead guilty for you. You can plead guilty for free!!! A good criminal defense attorney is going to work to get you the best possible result.
What is self-defense?
Self-defense is a common defense raised by defendants in a criminal case. Self-defense is applicable when the defendant reasonably believes that he is in imminent danger of harm. For the belief to be reasonable, more than words or future threats must be made. In essence, a self-defense admits that the defendant committed the acts with which he is charged, but asserts that he was justified in doing so. While a person does not need to be struck first in order to claim self-defense, he or she generally cannot be the aggressor. Self-defense is based on the common belief that we have a right to protect ourselves from a physical attack, but we most only do so to the extent and with the force necessary to protect ourselves. A self-defense defense will generally only be successful when the defendant was not the aggressor, reasonably believed he was in immediate danger of physical harm, and used reasonable force to ward off the attack.
Is intoxication a defense to a crime?
It depends. The law assumes that people know that alcohol and drugs impair judgment, and it does not excuse people's actions. An intoxication defense essentially argues that the defendant was too intoxicated to form the requisite intent to commit certain crimes. While not all crimes require intent to be proven, several crimes do require that the prosecution prove that the defendant had a certain state of mind. These crimes are called specific intent crimes. Intoxication may be a defense to a specific intent crime, but it will only serve as a partial defense. If the defense is successful, the defendant will likely be charged with a comparable general intent crime. For example, if the defendant is charged with assault with the intent to commit murder (specific intent crime), he will likely be charged with assault with a deadly weapon if he raises an intoxication defense. Involuntary intoxication, however, may be a complete defense to a crime. Involuntary intoxication is when someone is intoxicated unbeknownst to them (i.e. someone puts a drug in your drink unbeknownst to you).
Do all crimes need to be proven beyond a reasonable doubt?
Yes. In criminal cases, the prosecution must convince the judge or jury that the defendant is guilty beyond a reasonable doubt. To compare, in civil cases, the standard of proof is generally a preponderance of the evidence, which basically means more likely than not. Reasonable doubt, on the other hand, is a much tougher standard to prove. Beyond a reasonable doubt requires the judge or jury to resolve all doubts about the evidence in the light most favorable to the defendant. Because the burden of proving guilt beyond a reasonable doubt is exclusively on the prosecution, defense attorneys often focus their case on an assertion that the prosecution has not met this stringent burden.
What does it mean to be incompetent to stand trial?
A defendant is incompetent to stand trial if he or she does not understand the charges being brought against him or her or cannot assist in his own defense. This is different than an insanity defense in that an insanity defense claims that the defendant was mentally incompetent at the time the crime was committed. Incompetence to stand trial asserts that the defendant is mentally incompetent at the time of trial. Usually the defendant will be placed in a mental institution or hospital until he or she is competent to stand trial. The judge must make this determination based on evaluations done usually by both the prosecution and by the defense's doctors.
If you have any other questions about Illinois criminal law please call us at (312) 346-5320 or (800) 517-1614 or fill out our contact us form and we will contact you. All inquiries are free and confidential.