Tag Archives: Naperville criminal defense lawyer

St. Charles robbery burglary defense attorneyContext is important in almost any situation. A word or phrase that is used interchangeably in everyday conversation cannot necessarily be used in the same way in the legal system. One such example of this is the use of the words theft, robbery, and burglary. Though many people use these terms to mean the same thing during personal conversations, these refer to separate criminal charges when used in legal situations. There are specific differences between the three crimes, and they each come with their own punishments. This is why it is important to know the differences if you have been charged with any of these crimes. 

Theft

According to the Illinois Criminal Code, a person commits theft when he or she:

  • Obtains unauthorized control over property; or
  • Uses threat or deception to obtain control over property; or
  • Obtains control over property, knowing the property was stolen; and
  • Intends to permanently deprive the owner of the use or benefit of the property

Sentencing for a theft charge depends on the situation surrounding the theft, how much the stolen property was worth, and whether or not the property was taken directly from a person. Charges can range from a Class A misdemeanor to a Class X felony.

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Naperville criminal defense lawyer, eligible for bail, posting bail, bail amount, bail bondsMany people are misinformed about how bail works. It is not uncommon to hear phrases like “bail you out” or for people to think that bail is simply a means to pay one’s way out of jail. This is not the case at all. Bail is basically a surety that an individual pays in order to get out of custody shortly after being arrested. By paying bail, the individual promises that he or she will be at his or her scheduled court date, which is typically his or her arraignment hearing.

Your criminal defense lawyer can help you understand bail better and help you procure the bail bond you need to get out of jail. Face it — jail is uncomfortable. By posting bail, you can enjoy liberty and the comfort of living in your own home as you prepare for your hearing.

Posting Bail

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Naperville criminal defense lawyer, protect your rights, arrested for a crime, charges dismissed, facing a convictionYou have probably been advised to start working with a criminal defense lawyer as soon as possible after you are arrested. This is solid advice. Your lawyer will do more than argue in court on your behalf; he or she will make it a priority to do everything possible to help your case reach a favorable resolution for you. Here is what your lawyer will do for you:

Protect Your Rights

Many of us are not fully aware of our constitutional rights and their scope. Your lawyer can bring you up to speed on exactly what you can and cannot do during interactions with law enforcement and the court. If your rights are infringed upon, your lawyer will work to rectify the issue.

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Naperville criminal defense lawyer, civil asset forfeiture, seized assets, criminal investigation, burden of proofDuring a criminal investigation, law enforcement can seize any privately owned assets they reasonably believe to have been involved in the crime, including assets purchased with funds obtained through illegal means. This is known as civil asset forfeiture. You can file a claim with the court to try to get your property back. The most effective way to do this is to work with an experienced criminal defense lawyer.

Can My Property be Taken Even if I am Not a Suspect?

Yes. Any item reasonably believed to have been involved in a criminal offense may be seized by law enforcement. For example, a car that law enforcement believes was used to transport illegal drugs may be seized. The car’s registered owner might not be the one charged with drug trafficking.

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drug charges, marijuana possession, Naperville criminal defense lawyer, marijuana possession charge, criminal offense chargesAlthough the possession of a small amount of cannabis has been decriminalized in Illinois, you can be charged with a criminal offense for allegedly possessing more than 10 grams of the substance. If you are facing a criminal charge for marijuana possession, you can fight the charge with an experienced criminal defense lawyer. Depending on your case’s circumstances, your defense strategy could hinge on one of the following factors.

You Possessed Less than 10 Grams

Possession of 10 grams of marijuana or less is a civil charge punishable by a fine of up to $200. Possession of more than 10 grams is a misdemeanor punishable by up to one year in jail and a fine of up to $2,500 — for your first offense. For any subsequent offense, possession of more than 10 grams of marijuana can land you in jail for up to six years and leave you on the hook for a $25,000 fine.

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