Illinois Criminal Defense Legal Questions

  Fitness to stand trial is not the same as being insane at the time of the offense or guilty but mentally ill. Fitness to stand trial, is essentially, does the person understand the charges against him (and various other legal concepts) and can he cooperate with defense counsel.   This posting is for informational purposes only and does not constitute legal advice nor establish an attorney-client relationship between the parties. Lori G. Levin Attorney at Law 180 N. LaSalle, Suite 3700 Chicago, IL 60601 312-972-3756 levin@lorilevinlaw.com www.lorilevinlaw.com... Read More

Yes.  You have a right to remain silent, but that does not mean you have an obligation to remain silent.  If you fail to remain silent, through no encouragment of a police officer, then you've waived your right by talking while there is a camera pointed at you.      ... Read More

Generally speaking, a defense attorney is not required to disclose inculpatory evidence.   However, an attorney is required to disclose information if it has been deceptive or misleading to the Court.  For example, if a witness lies to the Court, the attorney has to disclose the witness has lied.  See Illinois Rules of Professional Conduct 16 and Rule 3.3.    ... Read More

Your question is not really possible to answer.  Here's why.   1.  Is it recommended that a lawyer from another county is hired vs the one you currently have? I don't think you really should be looking at it from a "County" issue.  The issue is whether your current lawyer was an ineffective lawyer, and whether a different lawyer would be more effective.   2.  Your second question is basically asking, "Should I hire somebody who is buddy-buddy with the person who might be deciding the appeal?"     -  Again, this is not something a lawyer can really answer with a straight face.   So the ultimate answer I can give is, "It depends."  How bad is your current lawyer? How good is any replacement lawyer?  Until those variables are input, its impossible to tell because the answer will change based on what your options are.      ... Read More

Whether a person is a flight risk is just a factor in setting bail.  However, I think what you're generally asking for is whether the State's Attorney has the ability to increase a person's bail once it has already been set.  The answer is yes.  Upon verified petition, the State's Attorney's Office may bring other matters to the Court's attention in order to increase a person's bail.    ... Read More

I don't believe double jeopardy will apply in your case.  Double jeopardy is designed to protect you from being tried on the exact same offense.  Here, you have three seperate victims, and it sounds like 3 seperate cases.  Just because you are found not guilty on one case, does not imply "Jeopardy has attached" on your other two cases because you've got two different victims.  The reason why Jeopardy probably does not attach is because it sounds like the contact happened at different times/locations.  If it was three students who all accused you of touching them at the same party and you beat the first one, you'd have a good claim.  However, that's not the same thing as three students over the course of 2 years saying you touched them inappropriately. Of course, the danger here is even if you are found not guilty on the first one, they may be able to use the evidence from the first case to bolster the second one...and then the third one. By your logic, I could shoot someone today, and shoot someone tomorrow. If I beat the second murder charge, I'd be unprosecutable for the first murder charge.  That is incorrect.  Ashe v. Swenson was related to the same incident.        ... Read More

Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. What type of jail is he in? County? State? Federal? Is he under an ICE hold? Is there bail bond order? I strongly suggest that you or someone on his behalf contact an experienced immigration and criminal defense attorney for a face-to-face consultation and give them all of the facts surrounding his arrest. They would then be in a better position to analyze his case and advise you of his options.... Read More

Generally speaking, you are prohibited under 18 U.S.C. 922(g) from possessing a firearm if you have been convicted of domestic violence.  Your particular charge does not make sense though, because you say you received "supervision" for domestic violence.  That's not a possible disposition, because domestic battery is a mandatory conviction offense.  I suspect you plead guilty to an amended charge, or else were given a conviction.    ... Read More

Being charged with theft, and being convicted of theft are two seperate issues. You can be charged with theft if the guy says something like he did not let you borrow the board. However, that doesn't mean you will be convicted of theft.  Generally, a theft requires that you exercise unauthorized control over property of another with the intent to permanently deprive them of the use or benefit of it.  Here, you originally had authorization, and apparently never had the intention to deprive them of the use or benefit of the longboard.    ... Read More

Doesn't make much sense.  If his bond is $100,000, it should be $10,000 to bond him out.  If his bond is $20,000, he's got another case somewhere, or else his bond is $200,000. He may end up getting his probation revoked, and sentenced to the Illinois Department of Corrections.  It depends on what he did to violate his probation.    ... Read More

You can beat a criminal case, and still lose on the parole revocation.  Motions to suppress only work against the charge itself.  They don't really stop evidence from being used for other purposes. Doesn't mean a parole revocation is going to happen, but it still might.      ... Read More