Frequently asked questions on **Criminal Defense**


Criminal law / What are my rights?

"You have the right to remain silent.  Anything you say can and will be
used against you in a court of law.  You have the right to be
represented by an attorney.  If you can't afford one, the Court will
appoint one for you."

These famous words are known as the Miranda Warnings and describe
the rights of everyone who is suspected of committing a crime or who
has just been arrested for allegedly committing a crime.  Police only
have to read you your rights after placing you under arrest.  

Everyone who has watched police shows on TV can practically recite
them by heart.  Few, however, can use them while under the pressure
of a real life situation or know the implications of these words.

You never have to speak with the police, other than to give them your
ID or tell them your name and address.  It doesn't matter what they say
(e.g.   "We have witnesses who saw you take the money.") or what they
do (e.g.  "We're taking you down to the station.")  Regardless of
whether or not you have been placed under arrest, you can always say,
"I want to remain silent"  or "I want to remain silent, and I want to be
represented by a lawyer."  Once you say either of these, the police
must stop questioning you about the crime you're suspected of
committing, unless you voluntarily begin talking about it later.


Criminal law / How can a lawyer help me?

If you're arrested but have not been read your rights, have admitted to
committing a crime to the police and that's the only evidence of the
crime, I may be able to file a Motion to Suppress  Evidence ( your
admission)
and get the judge to dismiss the charge.  If you haven't admitted guilt in
any way, then it doesn't matter that the police didn't read you your
rights.

Whether you've been charged with misdemeanor retail theft
(e.g.shoplifting), DUI or felony possession of drugs, I can defend you.  It
is important that you be represented by an attorney to get the best plea
agreement possible or the best outcome possible at a trial.  It is also
important to be defended by an attorney such as myself who is familiar
with expungement rules. It is essential to obtain a good plea agreement
on a charge that is not expungeable so that you are not permanently
prevented for getting decent employment in the future.

Criminal law / Special Topics

If you have a criminal record and want to "expunge" it, I offer a free
review of your Illinois criminal record of state charges to determine
whether you're eligible.  "Expunge" means to completely erase the
record.  Some individuals' records are eligible to be "sealed" but not
expunged.  "Sealed" means the public can no longer see your record,
only law enforcement and judges are allowed to view it.

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