Many times, someone will say that they heard that the victim of their criminal or traffic case intends to “drop the charges” and the person just wants to confirm that they will be able to do that. Well, unless the “they” that’s being referred to is the prosecutor, “they” can’t. Not even a judge can...
Read MoreMany people believe that it is the job of a prosecutor to fight as hard as he or she can to prove everyone guilty, convict them, put them in jail, or otherwise exact the most severe punishment possible against all defendants. This is a common misunderstanding, although it is an understandable misunderstanding. It likely arises...
Read MoreYou were charged with an offense, perhaps a petty traffic citation, local ordinance violation, or something more serious, such as a criminal misdemeanor or felony. For whatever reasons you had at the time, you entered a plea of guilty in the matter. Now, you have decided that was a mistake, that you are not satisfied...
Read MoreContinuance court dates are usually very straight-forward in Illinois courthouses. For instance, If you go to court in Chicago and the Judge gives you a continuance, you usually leave with a slip of paper with your new date. Or sometimes, the court will send a postcard in the mail with a new date. But with...
Read MoreSince sometime in March, counties in Cook, Lake, DuPage, Kane, McHenry, DeKalb, Will and other courts in Northern Illinois have closed their courthouses due to the Covid 19 outbreak. Most of these counties have extended their closure dates from mid-April and then once more to Mid-May. Whether the closures will again be extended through June...
Read MoreIt was only a matter of time before the Coronavirus (known as Covid 19) pandemic hit the court systems in Northern Illinois. From Chicago to Joliet and from Waukegan to St Charles, every court system has been affected by the illness that has blanketed the United States and the World. If you have a court...
Read MoreIn every criminal case, the accused is afforded the presumption of innocence. Unless and until an individual is proven to be guilty beyond a reasonable doubt, each of us is cloaked with this protection. That is why one has rights under the United States Constitution, as well as the individual State Constitutions, to a trial...
Read MoreIn last week’s blog about the Miranda Warnings, we discussed that there are many misconceptions and misunderstandings about how these warnings apply to a defendant’s individual case and whether a failure on the part of the police may later prove valuable in court. For decades, television has helped popularize the importance of Miranda warnings, but...
Read MoreDo you have the right to remain silent? Technically yes. Will anything you say be used against you? You bet it will! Do you have the right to have an attorney present during questioning? Well yes, but good luck getting the police to arrange that! If you can’t afford an attorney one will be appointed...
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