Arlington Heights, a thriving suburb of Chicago, is known for its excellent schools, vibrant community, and rich cultural heritage. However, like any community, residents may sometimes face legal issues that require the expertise of a criminal defense lawyer. As an experienced Arlington Heights criminal defense lawyer, I will explain the complexities of criminal defense in Arlington Heights and why having a skilled attorney is crucial.
Exploring Criminal Offenses and Relevant Statutes
Illinois criminal law encompasses a wide range of criminal offenses, each with specific statutes that define the crime, outline the penalties, and establish legal procedures.
Assault and Battery
Under Illinois law, assault (720 ILCS 5/12-1) involves causing another person to fear imminent harm, while battery (720 ILCS 5/12-3) involves causing bodily harm or making offensive physical contact. Aggravated battery (720 ILCS 5/12-3.05) includes more severe offenses like using a deadly weapon or causing significant injury.
Arson
Arson (720 ILCS 5/20-1) is the act of intentionally setting fire to property. Aggravated arson (720 ILCS 5/20-1.1) involves additional factors such as causing injury or setting fire to an occupied structure, resulting in harsher penalties.
Drug Crimes
Illinois has stringent laws for drug-related offenses, such as possession (720 ILCS 570/402) and trafficking (720 ILCS 570/401). Penalties depend on the substance and amount involved, with federal charges carrying more severe consequences.
Domestic Violence
Domestic violence (720 ILCS 5/12-3.2) includes physical harm, harassment, and interference with personal liberty. Aggravated domestic battery (720 ILCS 5/12-3.3) involves more severe injuries or the use of a weapon, leading to significant penalties.
DUI/Drunk Driving
Driving under the influence (DUI) is a serious offense in Illinois, governed by 625 ILCS 5/11-501. Penalties for DUI include fines, jail time, and license suspension, with harsher penalties for repeat offenses or high BAC levels
Federal Crimes
Federal offenses, such as mail fraud (18 U.S.C. § 1341) and drug trafficking (21 U.S.C. § 841), are prosecuted in federal court and carry substantial penalties. These cases often involve extensive investigations by federal agencies.
How Criminal Cases Begin and the Investigation Process
Criminal cases typically start with an alleged offense that prompts an investigation by law enforcement. This investigation involves gathering evidence, interviewing witnesses, and possibly obtaining search warrants. If sufficient evidence is found, an arrest warrant is issued.
The arrest process includes taking the suspect into custody, recording their personal information, and possibly holding them until bail is set. After the arrest, the suspect will have an initial court appearance where the charges are formally read, and bail conditions are established.
The Criminal Trial Defense Process in Illinois
The criminal trial defense process in Illinois includes several stages:
- Pretrial Phase: This phase involves reviewing evidence, conducting investigations, and filing pretrial motions. The aim is to build a strong defense or negotiate a plea deal.
- Plea Bargaining: Many cases are resolved through plea bargaining, where the defendant pleads guilty to a lesser charge in exchange for a lighter sentence.
- Trial: If no plea deal is reached, the case goes to trial. Both sides present evidence and arguments, and the judge or jury decides the verdict.
- Sentencing: If convicted, the judge imposes a sentence based on the offense’s severity, the defendant’s criminal history, and other factors.
The Benefits of Having a Criminal Defense Attorney
Having a skilled criminal defense attorney offers numerous benefits:
- Legal Knowledge: An attorney understands the complexities of criminal law and legal procedures.
- Rights Protection: They ensure your constitutional rights are protected throughout the legal process.
- Strategic Defense: An attorney develops a defense strategy tailored to your case.
- Negotiation Skills: They can negotiate plea deals and reduced charges.
- Emotional Support: An attorney provides guidance and support during a stressful time.
Questions to Ask a Potential Criminal Defense Attorney
When meeting with a criminal defense attorney, ask:
- What is your experience with cases like mine?
- What is your track record of success?
- How do you approach defending cases like mine?
- What are the potential outcomes of my case?
- How do you communicate with clients?
Qualities to Look for in a Criminal Defense Attorney
Look for an attorney with:
- Experience: Extensive experience in criminal defense.
- Reputation: A strong reputation within the legal community.
- Communication: Clear and open communication.
- Dedication: Commitment to personalized and aggressive representation.
- Success Record: Proven success in achieving favorable outcomes.
Potential Legal Defenses
Possible defenses include:
- Lack of Evidence: Arguing that the prosecution lacks sufficient evidence.
- Mistaken Identity: Showing that you were not the person who committed the crime.
- Alibi: Providing evidence that you were elsewhere when the crime occurred.
- Self-Defense: Arguing that you acted in self-defense.
- Rights Violations: Demonstrating that your rights were violated during the investigation or arrest.
FAQs about Criminal Defense in Arlington Heights, Illinois
What should I do if I’m arrested?
Remain calm, exercise your right to remain silent, and request an attorney.
Can I be charged without being arrested?
Yes, through a citation or summons to appear in court.
What happens at an arraignment?
The charges are read, and you enter a plea. Bail conditions may also be set.
How long does the trial process take?
It varies based on case complexity and court schedules, ranging from months to over a year.
Can I appeal a conviction?
Yes, if there were legal errors that affected the trial’s outcome.
What’s the difference between a misdemeanor and a felony?
Misdemeanors are less severe with lighter penalties, while felonies are more serious with harsher penalties.
Can a criminal record be expunged?
Some records can be expunged or sealed, depending on the offense and history.
What are the potential consequences of a conviction?
Fines, imprisonment, probation, community service, and a permanent criminal record.
Do I need an attorney for a minor offense?
Yes, an attorney can navigate the legal process and protect your rights.
What are my rights during an investigation?
You have the right to remain silent, to an attorney, and to refuse searches without a warrant.
Why You Need an Arlington Heights Criminal Defense Attorney
Facing criminal charges is a serious matter that requires skilled legal representation. Attempting to handle a criminal case without an attorney can result in severe consequences, including a criminal conviction, jail time, fines, and a permanent criminal record. An experienced criminal defense attorney can provide invaluable assistance by protecting your rights, developing a strategic defense, and working towards achieving a favorable resolution.
At The Law Offices of David L. Freidberg, we understand the complexities of criminal cases and the impact a conviction can have on your life. Our team is dedicated to providing personalized and aggressive representation to defend against criminal charges. We have a proven track record of success in achieving favorable outcomes for our clients, whether through negotiating plea deals or securing acquittals at trial.
Choosing the right attorney can make all the difference in the outcome of your case. With decades of experience, we have the knowledge, skills, and resources necessary to effectively defend against criminal charges and protect your future.
Contact The Law Offices of David L. Freidberg For Your Free Consultation
Facing a DUI charge in Arlington Heights, Illinois, is a serious matter that requires expert legal representation. The Law Offices of David L. Freidberg are dedicated to providing comprehensive and aggressive defense for clients facing DUI charges. With decades of experience, we understand the complexities of DUI cases and are committed to protecting your rights and achieving the best possible outcome. Call us for your free consultation by calling us 24/7 at (312) 560-7100 or toll free at (800) 803-1442.