Articles Tagged with Chicago criminal defense attorney

brandi-ibrao-1140359-unsplash-copy-300x225Chicago marked a memorable day on the calendar this month — January 14, 2019.

That was the first day in 2019 when there were no reports of gun violence in the city. The day before, three people were wounded after being shot, but no one was killed. According to police, most of the violent crime and killing in Chicago is related to gang activity. Members commonly fight over territory they feel is theirs or retaliate against perceived offenses by rival gangs.

The level of crime in the city has remained steady in recent years for the most part. Last year, the number of homicides decreased in many areas of Chicago but increased in other areas of the West and South sides. Neighborhoods such as West Garfield Park and Englewood are still seeing much violence that is gang or gun related.

nicolas-barbier-garreau-256433-copy-300x240A police search without a warrant is illegal without consent. It is unlawful for a police officer to enter a person’s home or vehicle without a warrant, without consent, or without an exigent circumstance, such as seeing through a window or hearing domestic violence within the house. Additionally, it is unlawful for a law enforcement agent to coerce a person into consenting to a search, whether that coercion is expressed or implied. Furthermore, according to the Criminal Law Digest, “A defendant’s initial refusal to consent is an important factor in determining whether later consent is voluntary. The fact that defendant signed a written consent form is not dispositive in deciding whether consent was voluntary where circumstances show the consent was obtained through coercion.” This very scenario happened to a Chicago resident.

Fake Call of a Break-in Leads to Illegal Search and Seizure

Chicago police responded to an anonymous tip about a man growing marijuana in his residence. When the officers arrived at the residence, they found no one at home. They called the man with a fake story of a home break in, at which point the then suspect drove home and was confronted by the police officer. The defendant asked if the officer had a search warrant, which he did not. However the officer said that if the defendant did not sign a consent form right then and there, that he would be taken to jail, which would not have been lawful. And, if the defendant signed the form, he would not be arrested on that day. The defendant signed the consent search form, the officer found contraband, and he was arrested. The court  found that the police officer had tricked, intimidated, and threatened the defendant, and that the voluntary consent form was not actually signed voluntarily. The court remanded for a new trial, reversed the conviction, and threw out all evidence from the illegal search.

toa-heftiba-578093-unsplash-copy-200x300A Chicago woman was arrested at a Plainfield massage parlor, where she was an employee, for offering to perform sex acts on undercover police officers for money.

47-year-old Yinyan Gao was employed by Plainfield Massage. The Will County Cooperative Police Assistance Team investigated the business after being informed of several customer complaints stating Gao allegedly propositioned them inappropriately when the customers came in for massages.

Numerous undercover police officers visited the business to receive a massage from Gao. During the sessions, Gao allegedly propositioned the officers and gave them the impression she would perform sex acts for money.

william-stitt-162589-unsplash-copy-300x200To better protect consumers and business owners, courts have been punishing those who commit white collar crimes more severely. After the banking system in the United States nearly collapsed, the prosecution of Bernie Madoff, Martha Stewart, Enron executives, and many other high-profile cases took center stage. Many executives of large organizations find themselves under unprecedented federal scrutiny.

The term “white collar” was initially used in the 1930s to describe criminal acts that were not violent. Frequently, individuals faced charges of white collar crimes when more serious criminal violations could not be proven. Think of Al Capone’s conviction of tax evasion in 1931.

There are many crimes that are categorized as white collar violations. Most are related to money or property that was the responsibility of an organization’s trusted employee. The most common form of a white collar crime is embezzlement and is often committed by accountants, payroll clerks, and bookkeepers. Depending on the amount of money or the value of property stolen, embezzlement can be charged as a felony or misdemeanor.

quentin-kemmel-445082-copy-300x200The state of Illinois has some of the harshest penalties for weapon violations in the country. However, if you possess a valid FOID (Firearm Owner’s Identification) card, you are allowed to own a gun. It is important to keep in mind that having a FOID card does not mean you are legally permitted to carry a gun with you at all times.

Unless your gun is in an appropriate case, in a condition where it can not be fired, and you are on your way to the firing range or moving, it is best not to carry a gun, especially in Chicago. To do so, you will need a concealed carry permit, and even then there are circumstances and locations in which you are not allowed to bring a weapon.

If you are facing weapons charges, contact a gun crime defense lawyer to help you with your case.

hajran-pambudi-403848-copy-300x199The simplest way an individual can violate his or her probation in Chicago is getting arrested on new charges. Other scenarios involve people fail to complete provisions of their probation such as contacting their probation officer, taking a court-ordered drug test, or finishing community service hours. The list of violations goes on to include failing to follow through with a drug and alcohol treatment program and failing to pay fines.

Across the border in Indiana, 45-year-old Steven Sells was sent back to prison on December 6th for violating his probation. Sells was previously arrested on charges related to dealing methamphetamine. He failed to submit to a drug test and missed an appointment with his probation officer.

A probation violation defense attorney in Chicago can help if you face such charges. He or she will work with the court to help you avoid the most serious consequences and repercussions.

White collar crimes are those that are financially motivated and nonviolent. The term “white collar” refers to the group of individuals who often committing this sort of illegal activity- government officials or business professionals. Crimes of this nature typically involve embezzlement, forgery, or other means of theft by deception. The tools of the white collar criminal are lies and deceit.

One of the most famous cases regarding white collar crime involved Bernard “Bernie” Madoff. The Department of Justice has disbursed nearly $2 billion back to investors who lost money in his Ponzi scheme.

However, the difference between a mistake and a lie is not clear. When a business transaction goes awry, agencies of law enforcement often misconstrue honest intentions for malicious intent. Far too frequently, innocent people are prosecuted and arrested for white collar crimes based on ambiguous evidence.

ales-nesetril-1070103-unsplash-copy-300x199A teenager from Rosemont is facing multiple felony charges for credit card theft.

18-year-old Salvador Nunez was charged with 30 felonies for using stolen credits card at various northwest suburban Rosemont locations. Rosemont police stated Nunez was charged with 15 Class 3 felonies for stealing someone’s identity and an additional 15 for the unlawful use of a credit card.

The most serious offense in the category of criminal charges is a felony. Felonious acts also carry with them the most severe penalties. The degree of the punishment depends on the class of the felony committed. According to Illinois law, they range from the least serious, a Class 4, to the most serious, a Class X.

nik-macmillan-280300-unsplash-copy-300x200Facing a criminal charge in Chicago is never an easy task, even if you have gone through the experience in the past. Each instance is different, especially if the charges or crimes are different. There is quite a bit you might not be prepared for when it comes to dealing with a criminal charge, which is why we have compiled this list of important questions to ask your criminal defense attorney after a criminal charge has been filed against you.

What Actions Should I Take?

Even though you were the person charged with the crime, you can still help the attorney move forward with your case. It is important to ask your attorney this question because he or she might have a list of things for you to accomplish or provide them as part of the defense strategy. For example, you might need to provide the attorney with documents that could help your alibi or other parts of the case. Do you need to enroll in a drug or alcohol abuse class? Find out as soon as possible what you need to do to aid the attorney working your case.

javier-villaraco-235574-copy-300x225Having a loved one incarcerated can cause a lot of strain on your relationship, whether you are married, dating, or even if you are divorced. Knowing how to deal with such a circumstance in Chicago can mean the difference between a stressful life and one that is a little bit easier to handle. Today, we will discuss how you can handle dealing with an incarcerated loved one so you can make the proper adjustments for yourself and your family.

Avoid Treating it as a Loss

One of the worst things you can do for yourself and for your loved one in jail is treat this as a loss. You did not lose your loved one. He or she is still alive. You can still talk on the phone, write letters, and physically visit him or her in prison. You cannot mourn this situation like you would the death of a loved one. There is one thing you must know: Others might not offer much support when a loved one is in jail like they would if your loved one had died.