Criminal Defense Questions & Answers

When should I retain a lawyer?

As soon as you reasonably believe that you are, or may become the subject of, a police investigation into any alleged criminal activity. Having the guidance of an experienced criminal defense attorney from the earliest stage can frequently make the difference between spending years in prison, or being set free.

You or your family should immediately retain a lawyer for you if you are arrested.

What should I do if I am arrested?

If you have a lawyer, you should advise police officials of this. If you have been questioned by police about the alleged criminal offense and you tell them you have an attorney, and that you will not answer questions until you talk to your attorney, the police must legally stop questioning you.

Things you say to the police can be used against you in court. Similarly, any documents you sign involving the allegations may also be used in court against you. Your best bet is always to wait to consult with an attorney before answering questions or signing any documents.

What is the difference between a misdemeanor and a felony?

In Illinois, a misdemeanor is defined as any offense for which a term of possible incarceration is for less than one year (364 days or less). Misdemeanors are defined as "Class A," "Class B," and "Class C" misdemeanors in Illinois.

A felony, thus, is any crime in Illinois for which a term of imprisonment is potentially one year or more. Felonies are also defined by class, such as Class 1, 2, 3, 4, and X, with Class X, followed by Class 1, being the most serious in terms of sentence.

In many instances, prosecutors' offices do not have discretion to offer less than the minimum sentence proscribed by sentencing laws. There may also be sentence enhancers added to an offense if committed in a particular fashion, with a particular type weapon, if against certain types of victims, or if you are a repeat offender.

Whether charged with a misdemeanor or felony in Illinois, you will require an attorney to represent you throughout your criminal case. Contact us [Link to Contact Us] if you have been charged with either a felony or misdemeanor.

Do I need to appear in court if I have an attorney?

Yes. Unless a judge has granted you and your attorney, on a prior court date, permission to have your presence excused, you always need to be present in court on criminal cases.

What happens on the first court date?

In Illinois, this depends on whether you are charged with a misdemeanor or felony, and whether you have been released on an I bond (a recognizance bond), a low D bond (requiring 10% of the amount posted to be released, usually from a police station), or remain in custody pending a bond hearing.

In Cook County and the surrounding counties, most individuals charged with misdemeanors are generally released on I bonds or low D bonds. If so, on the first court date, the "defendant" (as people charged with a crime are referred to) is read the charges pending against him/her, informed of their right to, and need for, counsel, and usually a subsequent status hearing date is set. One is well advised to have an attorney for this initial status hearing, as not doing so will only delay the proceedings. Attorneys appearing on the initial court date often request and obtain pretrial discovery, which contains documents, evidence, and witnesses the prosecution intends to use against the defendant.

For felony offenses in Illinois, an individual will be prosecuted based on an "indictment" or "information." An "indictment" is issued by a grand jury, which is generally closed to the public. An individual subpoenaed before a grand jury, whether a potential witness or subject of a criminal investigation, can have an attorney present. Contact us [Link to Contact Us] if you have been subpoenaed to appear before a grand jury.

Alternatively, an individual may be prosecuted for a felony based on "information." Under this process, a "preliminary hearing," also known as a "probable cause" hearing, is held, which is adversarial in nature. At a preliminary hearing, the judge determines, based on the prosecution's evidence, whether there is probable cause to believe that a crime was committed, and whether there is a strong suspicion that the defendant committed the crime. If probable cause is found, the case proceeds. An experienced criminal defense attorney representing you at a preliminary hearing may make the difference between a case being dismissed or pursued by prosecutors.

Our family/friends don't have enough money to bail out our family member/friend and retain a private lawyer, what should we do?

Hire the lawyer, whether it be us or another experienced criminal defense lawyer. Being out on bail can be a temporary thing. A good criminal defense lawyer may be able to keep him/her out of jail permanently.

If hired early enough, a defense attorney can also appear on behalf of a detained client at his/her bond hearing, and argue for the court to issue a low or reasonable bail bond amount. Our office knows the factors courts consider important in setting bond, and will work to obtain that information prior to the bond hearing from either the defendant or his family/friends, to present to the judge making the bail bond assessment.

How do you determine your fees?

Our fees are based on a number of factors, including the type of criminal offense charged, whether it is a misdemeanor or felony, and if a felony, what class of felony, the number of charges you are facing, the number of anticipated witnesses for the prosecution and for the defense, the anticipated time it will take to fully investigate and have your case prepared to go to trial, and the complexity of the issues that will be raised at trial, either by the prosecution, or in your defense. We strive to make representation affordable to clients by working out payment arrangements, when possible.