Tag Archives: criminal defense

St. Charles Defense Lawyer

With the advent of new technologies and our increased reliance on them, it is easier than ever for someone to get their hands on all kinds of personal information. Once an individual has access to a person’s name, address, phone number, social security number, or tax ID number, they can gain access to many personal records. 

Identity theft is not uncommon in the United States. In 2016, there were nearly 26 million victims of identity theft in the U.S, according to the Bureau of Justice Statistics. Being charged with identity theft is a serious charge and can mean severe consequences if you are convicted.

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Naperville Stalking Lawyer

Regardless of your intent, you could commit a stalking offense under Illinois law. Sometimes stalking is a part of domestic violence charges, while other times it is a standalone charge. Stalking charges can affect every part of your life, from your career and living arrangements to your relationships with both family and friends. 

In this day and age, stalking can occur in many forms, which is why Illinois’ stalking law has been updated to reflect that.

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St. Charles criminal defense lawyer rightsExcept for in certain cases where there is probable cause to believe you committed a crime, you cannot be arrested until the police have a valid warrant for your arrest. This does not mean you will not interact with law enforcement before being arrested – you likely will. And during these interactions, there will be numerous opportunities for you to incriminate yourself. Successful criminal defense depends largely on avoiding self-incrimination. Keep the following tips in mind during your law enforcement interactions to avoid incriminating yourself.

Do Not Speak with Law Enforcement

If you remember nothing else about avoiding incrimination during your initial interaction with law enforcement, remember this: you have the right to remain silent. There are a few circumstances under which you are required to identify yourself to police. They are:

  • If you are stopped while driving a car, you must show your driver’s license; and
  • If you are in a public space, and law enforcement has reason to believe you were involved in a crime, they may ask you to identify yourself. If the officers have identified themselves as police officers in this circumstance, you must comply with their request.

Beyond identifying yourself, you are not required to answer any questions.

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Geneva shoplifting defense attorneyShoplifting, the act of stealing from a retailer, is also known as retail theft. Like many other offenses, shoplifting is a serious criminal charge. Although the penalties for a shoplifting conviction are often not as steep as they are for other theft convictions, it is always worth your time to fight a shoplifting charge, because being convicted of shoplifting will subject you to certain civil and criminal penalties. In addition, a conviction on your criminal record can impact the potential penalties for any future charges that you may face. 

If you are facing a shoplifting charge, you should start working on your legal defense strategy with an experienced criminal defense lawyer as soon as possible. The defense strategy you create will depend on the specific circumstances of your case. Below are a few potential strategies you may be able to use when you are facing a shoplifting charge:

It Was an Innocent Mistake

People make mistakes. You might accidentally walk out of a store without paying for an item because you were distracted or because the item was nestled among other items you paid for. Your defense strategy could involve demonstrating that you did not intentionally take an item without paying for it, or at least showing that there is not enough evidence to show you intentionally stole the item.

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Naperville wrongful imprisonment attorneyThe criminal justice system in the United States is not perfect. Even with competent criminal defense counsel, innocent individuals are sometimes wrongfully convicted of crimes and sentenced to lengthy prison sentences. The 2015 Netflix documentary series Making a Murderer brought this issue to many viewers’ attention.

When DNA testing became sophisticated enough to use in criminal investigations, it became an important tool used to prove the innocence of many convicted individuals. Since the first DNA exoneration in 1989, 321 people in the United States have been exonerated based on DNA evidence. In total, 1,467 people have been exonerated in the United States.

How Are Innocent Individuals Exonerated?

As discussed above, DNA evidence from a crime scene can be used to prove that the individual convicted of the crime is innocent. When new evidence or other facts related to a case arise, the case may be re-tried. Throwing out certain evidence, using newly discovered evidence, and working with new details – like a truthful testimony after determining a witness in the first trial lied or the realization that a defendant made a false confession– can change how the court rules on a case, ultimately finding the defendant innocent.

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