Illinois Lawyer Referrals and Legal Guidance

Arrest of Chicago Bears running back Cedric Benson provides good clues in how to hire a lawyer.

Cedric Benson was recently arrested for allegedly driving a boat while drunk in Austin, TX.  His attorney right away was a man he has known for years from his hometown in Midland, TX, about 300 miles away. Although this lawyer is reportedly a close friend, he was replaced by a prominent Austin attorney.

The lesson for people with Illinois criminal charges is that it usually makes sense to hire an attorney who not only focuses on criminal defense, but also does a lot of work in the county where the case is taking place.  In other words, you may know a great criminal defense lawyer in Chicago, but if you arrested in Bloomington or Belleville, that attorney is probably not the right fit for you.  If you aren't sure who to turn to when it comes to hiring a lawyer just call us at (312) 346-5320 and we will point you in the right direction.

Convicted murder and drug trial defendant gets new trial because of co-defendant’s rants.

In a Federal court decision recently handed down by the appellate court, a convicted murderer and drug dealer won a new trial because at the original trial he was tried with a co-defendant who went off on rants which included screaming at the Judge and threatening her. This same co-defendant also reportedly “stared down” jurors in an effort to intimidate them. A new trial doesn’t mean he walks free, but he does get another day in court.

The lesson for you, if you or a loved one is a criminal defendant in Illinois is that you need to consider whether or not a co-defendant could hurt your case. You have to look out for yourself and if a co-defendant is going to make you look bad, whether it’s their appearance or actions, you should consider asking for a separate trial. The Judge may not grant it, but if you get convicted it gives you an opportunity on appeal.

R Kelly trial postponed again. Big headlines, but is it much ado about nothing.

As many of our readers know, Chicago entertainer R Kelly was arrested more than five years ago, charged with improper sexual conduct with a minor. The trial has been delayed for many reasons including an injured judge, a previously committed lawyer and an ill R Kelly.

While many people feel that this Chicago felony charge is being delayed because of celebrity, we do not believe that is true. It’s been an odd set of circumstances, but the judge has done what he can to be fair to both parties, granting continuances so both the prosecution and the defense could have the lawyer that they want.

So it should proceed to trial in May, but who knows, something else might come up – it was once delayed because the judge fell off a ladder – and it could be delayed again.

How can you intentionally strike a car, kill three people and likely walk free in a year or so?

We received this question from a visitor to our site who was wondering about the reckless homicide and murder charges at the Skokie criminal courthouse where a model ran her car into three innocent people trying to kill herself, but instead killed them. Her criminal defense lawyer argued that she was insane at the time of the act, at least criminally so under Illinois law. The judge believed that she didn’t know what she was doing and that she had no intentions of hurting anyone but herself.

As a result, the maximum sentence was 10 years and she received eight years. She is eligible for release after serving half of her sentence which is approximately one year away. Many people are mad about this result and understandably so. That said, it shows the value of having a good criminal defense lawyer. The attorney in this case knew how the judge tends to rule so he elected for a bench trial instead of a jury trial where emotions might have trumped the law. It was a smart move and is a good lesson for anyone looking for an Illinois criminal defense attorney. That strategy makes sense in Skokie, McHenry, Peoria and Belleville or any other city no matter how different those towns are from one another.

How speedy is a speedy trial supposed to be?

Typically if you are arrested and choose to move your case along, you should be at trial within six months. The best Illinois criminal defense lawyers recognize that most prosecutors are over-worked and don’t always have the ability to get a case ready for trial that quickly. As a result, we often see attorneys who are able to get serious charges dismissed on behalf of their client or reduced. These time limits and this strategy don’t always apply.

Think about it. If you exercise your right to a trial, if the prosecutor doesn’t have their act together, they may not have a key witness subpoenaed or ready evidence. Hiring an experienced, aggressive criminal lawyer that truly fights for you can be the difference between winning and losing. If you have a felony charge in Illinois whether it’s sexual abuse, burglary, drug trafficking or any other charge, when you interview a defense lawyer ask them about their strategy for pushing for a quick result. If they aren’t at least thinking about it they might not be right for you.

Remember, anything you say can and will be used against you.

We’ve all heard that line muttered on TV or in the movies. It sounds hokie, but the truth is that this Miranda warning is something to keep in mind if you are ever approached by the police about a criminal matter. We aren’t encouraging anyone to obstruct justice, but if there is any chance that you could be the subject of a criminal investigation, we advise you not to say anything without a lawyer present. Cops or other investigators will often say that you can make things easier by cooperating or some phony story like that. It’s ridiculous. The fact of the matter is that you have a right to a lawyer and it’s for your protection that you should do so. We don’t care if it’s a big city like Chicago or a smaller area in St. Clair County or something in between like Aurora. Any criminal lawyer would tell you that you are best served by saying nothing. Without an attorney present your words could get twisted against you and your rights could be violated. If you have already made statements, your best advice is to just stop there. It’s not just a strategy, it’s your right under the law.

You are allowed to switch attorneys if you aren’t happy with your current representation.

We encourage people to find the right lawyer for their needs. Hopefully you don’t hire a felony lawyer and then find out a month later she has only defended 10 felonies in her life and none are the same charge you are facing. If you are charged with criminal sexual assault in Wheaton for example, you give yourself the best chance for success by getting a lawyer that has defended similar criminal charges in DuPage County or at the very least has defended high level felonies like criminal sexual abuse, murder, rape, armed robbery, etc. If you realize that you hired a Naperville criminal attorney who mostly defends disorderly conduct cases, you owe it to yourself to seek another opinion. Your life is on the line and the time to find a new lawyer is not when you need to appeal.

Never just plead guilty, even if you are guilty.

We aren’t saying that you won’t ever eventually plead guilty, but before you do so, you need to give your lawyer a chance to evaluate the evidence and see what can be arranged with the prosecutor. More often than not a good criminal lawyer can get supervision for his client which is entered into the record as a not guilty finding as long as you don’t get into additional trouble. We don’t care if you are caught shoplifting on tape and gave a written statement admitting it. Even then you shouldn’t just go in to court and plead guilty. If you are do, you are setting yourself up for the worst possible result. A lawyer can almost always get you a better result than you can get on your own, especially if they regularly appear before the prosecutor or Judge.

If you are a criminal defendant in a misdemeanor in Illinois, don’t stand out.

If you are charged with a felony in Illinois, the odds of your attorney walking in and having your case resolved in one day are not good. On the other hand, hundreds of people go to court every day charged with misdemeanors. In Illinois a misdemeanor is punishable by up to 364 days in jail, but the reality is that most first time offenders don’t go to prison (it does happen though). The ones that end up in jail usually stand out.

So how do you not stand out? We have a few suggestions.

1. Don’t say anything. So many people we want to talk to just want to tell their side of the story. It might make you feel better, but in most court rooms, the Judge is trying to process a lot of cases and get on to lunch. If everyone was able to give a speech he’d never get to go home. Good criminal attorneys in Illinois know what the judge wants to hear.
2. Along with number 1, since you could go to jail if convicted or have a record, why risk a bad result by not having a lawyer. If you don’t believe us, go to court and see how the people who have lawyers are treated as compared to the ones that don’t have a lawyer. We have seen countless times where a person represents themselves and is forced to come back to court numerous times while others in the same situation get their case dismissed because their lawyer insisted on it when the prosecution wasn’t ready.
3. Don’t dress flashy, wear a hat or do anything that is going to make the prosecutor of Judge notice you. They want to get through their case load. Don’t give them a reason to pay attention to you.

Findgreatlawyers.com quoted on R. Kelly child pornography case.

In response to the fact that five years have passed since performer R. Kelly was arrested on child pornography felony charges, the Associated Press wrote an article on the delay that was published in papers and websites throughout the United States. We were quoted for our thoughts on the reasons for the delay. Read the article here.

When looking for a great criminal defense attorney in Chicago, Decatur, Waukegan, Belleville or anywhere in Illinois, they all will have one important thing in common.

We get calls every day from people looking for Illinois criminal defense lawyers. From battery, to retail theft all the way up to serious felony charges such as armed robbery and murder, we know attorneys in just about every county in Illinois that have a track record of success defending these cases. 

The big difference between the IL defense attorneys we recommend and some of the other lawyers out there is that we have found that not all lawyers will truly fight for their clients. Many Illinois criminal law firms will quote a bargain basement price only to try and work out a guilty plea for their client. If you want to plead guilty you might as well go with the public defender.

In the alternative, if you want a lawyer that will fight for you and perform the hard work that comes with defending serious criminal charges then call us. The attorneys we recommend thrive on these scenarios. No one can guarantee a result, but an attorney that defends a case almost always gives his client a better chance of success. Even if that lawyer ends up working out a plea deal with the prosecutor, we find that their hard work often leads to a lighter sentence.

If you would like a referral to an Illinois criminal defense attorney, please call us at (312) 346-5320.

United States Supreme Court grants new immunities to police officers. This case should have a huge impact in Illinois and especially Chicago.

In a ruling just handed down, the U.S. Supreme Court, a Georgia driver who was paralyzed after being rammed by a police offer in a chase was denied the opportunity to sue the officer. The Court stated that police officers do not have to call off a chase when they reasonably expect others to be hurt.

The City of Chicago has paid out millions of dollars in recent years from injuries that resulted from the police not calling off a chase. It's not clear from our reading if this ruling only applies to the alleged criminals or if it includes innocent bystanders.

Chicago criminal defense lawyers usually cover every courthouse in Cook County, but not always.

When we recommend a criminal attorney in Chicago or anywhere else in Illinois, we almost always recommend a lawyer who does nothing but criminal defense. Equally important in our recommendations is suggesting a criminal lawyer that does a lot of work at the court house where your case will be heard, unless it's a major felony charge in which case we feel that it is more important to hire a lawyer who has successfully defended that specific type of case before.

In Cook County there are numerous criminal court houses. They range as far north as Skokie and Rolling Meadows and as far south as Markham. Criminal lawyers in Chicago will usually cover each of these court houses. However, it would be unusual for an attorney on the south side of Cook County around Thinly Park to regularly take cases up north. E.g. You may live in Thinly, but if you get arrested in Schaumburg and have court in Rolling Meadows, a Thinly lawyer probably isn't the best hire for you.

We think it's important to find someone who regularly appears in the court for criminal cases because familiarity with the Judge and Prosecutor can only help you. Justice shouldn't work that way but often does.

If you are looking for a Chicago criminal defense lawyer or have any questions as to which Illinois criminal attorney is right for you, please call us at (312) 346-5320.

Fake ID convictions in Illinois carry more than just a fine.

If you are arrested and convicted in Illinois for having a fake driver's license, you will face more than just a fine as a recent caller of ours learned when he called us seeking a Chicago criminal defense attorney. That violation also results in your real driver's license being suspended for up to one year. You can file for a hardship license to drive to work and school, but that is a lengthy process and there is no guarantee that it will be successful.

Why is the R Kelly criminal sexual abuse case in Chicago taking so long?

This was a question a reporter had for us the other day. This criminal case was supposed to go to trial last fall. The judge got hurt and the case got delayed. Still, it has been about five years since the performer was arrested.

While every criminal defendant in Illinois has a right to a speedy trial, they can waive that right. In this case, R Kelly is probably better served by making the case take longer. Now his attorney is defending Conrad Black in a case that will take months. A criminal defense lawyer in Chicago can only be at one trial at a time. So that case is preventing anything from happening on the Kelly case right now. Also, the judge in the Kelly case is presiding over the Brown's Chicken murder trial. He can't judge more than one case at a time either. Our best guess is that the Kelly case will probably get reset for trial this fall or early next winter. The only one who can demand a speedier result is R Kelly. The government can ask, but the judge will let you have the lawyer you want, even if that means making the case take years.

If you are convicted of a felony in Illinois and want it off of your record, your only option is likely a pardon.

People make mistakes and commit crimes. When they do, they call us seeking a referral to an Illinois criminal defense attorney. We also get a lot of calls from people who want to clean up their record years after an offense. Often a background check is preventing them from getting a job. If you have a felony conviction on your record, unless it is a low level drug offense, it can not be expunged or sealed. In that case, your only option is to seek a pardon from the Governor. This process is also known as clemency. We know attorneys that handle these cases. The problem is that most petitions are rejected and there is no time table for the Governor to make his decision. That said, he has granted pardons in the past and will likely grant more as his term is coming to a close. 

If you want to know if a past criminal charge can be taken off your record or are looking for an Illinois clemency attorney please do not hesitate to call us at (312) 346-5320.

Did the Chicago police try to cover up a battery charge against one of their own?

A widely played video has shown that an off duty Chicago police officer brutally attacked a Chicago bartender who reportedly would not serve him another drink. On top of that disgusting act is a report that numerous individuals tried to bribe the victim not to press charges as well as the fact that it took such a long time for felony charges to be brought. In the video, a couple of bystanders watch the attack happen. We can only hope that those weren't Chicago police officers as well. They should be stopping crimes, not committing them.

Because of the video, the attacker faces felony charges in Cook County and has been stripped of his police powers. If he was given any preferential treatment in this investigation, including an allegation that he wasn't handcuffed upon arrest, others should face discipline too.

Did Tank Johnson go to jail because he plays for the Chicago Bears?

"Tank" Johnson was sentenced last week to 120 days in jail for violating his Cook County probation by possessing guns. His Chicago criminal defense attorney argued after the verdict that the sentence was almost unprecedented and that almost no other criminal defendant would have received jail time under similar circumstances.

The case was heard at the Skokie criminal courthouse. The judge obviously isn't going to say that he gave Tank jail time because he's a Bear. In fact, recently it was argued that Brian Urlacher got preferential treatment in a custody case because he plays pro football. It's certainly possible given the high profile nature of the case that the sentence was pretty strict. We think it's more likely that because the prosecution pushed for jail time, a sentence was given. Would they have pushed for jail time if it wasn't a high profile case? That is pure speculation.

Illinois Supreme Court makes clear that felons in Illinois can't run for office.

In something that you would almost expect in Chicago politics, two convicted felons who were previously Aldermen in Chicago, were thrown off the ballot when the Illinois Supreme Court ruled that they couldn't run for City Council. The Elections Board had declared this law unconstitutional when they put them on the ballot. Whether you agree with the law or not, an administrative agency can't unilaterally declare a law is unconstitutional and that is essentially what the Court said.

Parents who condone the use of alcohol by their underage children may soon face felony charges in Illinois.

Currently, if you know that your kids are having a party where alcohol will be served to minors, you could face a misdemeanor which in theory is punishable by up to 364 days in jail, but in reality does not usually result in a penalty. Under a law that has just been proposed, if the condoned underage drinking leads to bodily harm, it would result in felony charges against the Illinois parents with possible jail time up to three years and a $25,000.00 fine.

Please note that this isn't a law yet and may never become a law in Illinois. Either way we foresee prosecutors more often going after parents that allow their kids to drink. There is a high profile Lake County criminal defense case being prosecuted right now and the prosecutors seem intent on sinking jail time.

Cook County State's Attorney's office and Cook County Public Defender's office will not face additional budget cuts.

In a reversal of position, Cook County Board President Todd Stroger has decided not to cut the budgets of these two very important legal agencies. Had these plans gone through, there would have been a shortfall on prosecutors and public defenders. This would have meant that some cases would take a longer time to get a hearing and an overworked, understaffed Public Defender's office would face a bigger burden. Too often, attorneys from that office don't have the time to prepare for cases or properly evaluate them. Further cuts would have made a bad situation worse.

Supreme Court Justice's daughter charged with DUI in Wheaton

According to various media outlets, the daughter or United States Supreme Court Justice Anton Scalia was charged with driving under the influence in DuPage County as she pulled away from a fast food restaurant with three of her children in the car. There is an indication that she might also be charged with child endangerment.

If you have criminal charges against you, do whatever you can to avoid hiring a "general practice" lawyer.

Every day we are called by people looking for criminal defense lawyers in just about every county in Illinois. A lot of these people had hired other attorneys first and were disappointed that their cases were taking so long. The reality is, when hiring an Illinois criminal defense attorney, especially for misdemeanor charges, the lawyer you hire can make a huge difference in not only the final result, but also how long it takes to get there and how much it costs. 

When hiring a criminal defense attorney, we suggest that you verify the lawyer spends at least 50% of their time defending criminal charges. For Cook County, surrounding counties and other large areas like Peoria, Belleville, etc. criminal defense should be just about all that the attorney you hire does. You also want to make sure that they regularly appear at the court you are going to as you want them to know the judge and have a relationship with the prosecutors. None of this guarantees a result, but it certainly gives you a better chance at success.

If you have any questions or would like a referral to an Illinois criminal defense lawyer, please call us at (312) 346-5320.

If you get attacked on the Jerry Springer show in Chicago, can you press criminal charges?

Violence has often occurred on the Jerry Springer show. If you go on the show as a guest and get hit by another guest, can you charge them with battery? Some people have likened a fight on Springer to a hockey fight. In other words, it's part of the game and not something that should be criminalized. 

We don't know if anyone has pressed criminal charges if they were attacked on Springer, but we would be that the Cook County State's Attorney would gladly prosecute such a claim.

Cook County burglary defendant wins new trial because a juror was sleeping during part of the case.

A man was convicted of burglary in Cook County and sentenced to 11 years in jail. On appeal he won a new trial as his criminal defense lawyer was able to show that a juror was sleeping through part of the trial and that the judge knew about it, but took no action.

Striking of California sentencing law will have ramifications in Illinois.

The U.S. Supreme Court on Monday struck down a California sentencing law that allowed judges to increase sentences of defendants if additional factors not found by the jury were found by a preponderance of the evidence. In other words, you could be charged with 10 counts of robbing a bank, but only convicted on one count and the judge previously could give you a larger sentence if he felt that more likely than not you were guilty on some of the other counts. The Supreme Court found that this violated the 6th amendment of the Constitution.

Illinois had petitioned the Court to uphold the law. Now laws in Illinois as well as with the Federal government have been changed and more importantly, people who have been sentenced and are now in jail may find that their criminal sentences are able to be reduced and possibly they will be able to get out of jail now.

If you have any questions about this ruling or would like a referral to an Illinois criminal defense attorney please call us at (312) 346-5320.

Murders rose in Chicago for the first time in years

In 2006, there were more murders in the City of Chicago than in any time in the previous three years. While this happened in many cities nation wide, it probably isn't too much cause for concern as the numbers now are still many hundred less than they were in the late 1990's.

Failing to have an emissions test could cause a license suspension

Around this time of year, most vehicles need to have an emissions test. Failure to do so is a violation of Illinois law and can result in your license being suspended. If you are the registered owner of a car that is being used by another person, you are the one that is responsible for making sure that this test takes place. Under current law, driving on a suspended license could lead to jail time, although that is not too likely. If your license does get suspended, get your emissions test ASAP and then show proof of that to the Secretary of State.

If you have questions about Illinois traffic or criminal law or need an attorney referral, please do not hesitate to call us at (312) 346-5320.

Burglary conviction reexamined because of sleeping juror

A man was convicted of burglary and sentenced to 11 years in prison in 2004. The 1st District Appellate Court reversed the conviction and ordered a new trial, because during the original trial, one of the jurors was inattentive and even sleeping at times. The appellate court ruled that trial judges have a duty to reopen voir dire when jurors demonstrate the kind of inattentiveness that took place in this trial.

Assault and Battery result in Illinois Hate Crime Act violations.

Falun Gong is a Chinese spiritual discipline that has been rejected by the Chinese government. When two Falun Gong followers protested in front of the Chinese Consulate, they were attacked and threatened. The man who threatened him was charged with criminal assault and battery. In addition, the man was found guilty of violating the Illinois Hate Crime Act for attacking the victims on the basis of their religion. A jury awarded the victims $4,608.

Why are so many lawyers contacting me?

If you get arrested in Illinois, there is a really good chance that you will start receiving solicitations from lawyers offering to represent you or telling you about their practice. Although we think this is unethical, criminal lawyers in Chicago and elsewhere in Illinois get away with this because they put "lawyer advertisement" on their mailings so "technically" they aren't soliciting business.

Many of these lawyers offer to handle your case for a bargain basement price. We have seen and heard of numerous instances where these alleged criminal defense lawyers have represented people for 1/3 of the normal rate. Unfortunately, in many of these instances they just go and have the client plead guilty or don't often fight for the best result. FYI, if you want to plead guilty (which we don't recommend) you can do it yourself!

The lawyers that send these mailing get your information by pulling arrest records which are public information. While there must be some that do a good job, none of the traffic, DUI and criminal defense attorneys in Illinois that we recommend would ever try to obtain a client in that manner. If the price seems to good to be true then it probably is. You only get one shot and properly defending a criminal charge. Whether it's from a recommendation from findgreatlawyers.com or a lawyer you find on your own, if you have a criminal charge in Illinois we strongly encourage you to hire an attorney that obtains their clients in a much more reputable manner and has a track record of fighting for their clients in criminal defense cases.

Web Site Disclaimer: None of the information on this website should be considered legal advice. The law in Illinois is constantly changing and although we do our best to keep our website current, you should not make any final determinations based on what you read here. By contacting us or any lawyer that you find on this website, you have not created an attorney-client relationship. The lawyer you call or e-mail has no obligation to retain you as a client and you have no obligation to retain them as an attorney. Lawyers with listings on our website may pay an advertising fee to us. Although we try to only partner with honest, trustworthy attorneys, we make no representation as to the quality or abilities of a lawyer you find on our website and we are not endorsing any specific lawyer. The information in the attorney profiles is based on hundreds of hours of research, but we make no guarantees as to the accuracy of this information. If you have any questions as to what types of cases a specific lawyer handles or what their experience is please contact them directly. Nothing is a substitute for information directly from an attorney.