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Know How to Invoke Your Miranda Rights After an Arrest
Police officers must read Miranda Rights to anybody they plan on detaining for questioning following an arrest. Although law enforcement is required to inform you that you have the right to remain silent and to contact an attorney, they will likely not inform you of how to take advantage of these rights.
If you want to ensure that your rights are protected, you need to speak with our Chicago criminal defense attorney. With over a decade of criminal defense experience, he is ready to assist you following an arrest for a federal or state-level crime.
What are Miranda Rights?
Miranda Rights are constitutional rights that must be read to every person following an arrest if the police are planning to hold you in custodial interrogation. A person is considered to be in custodial interrogation if he or she is in the presence of law enforcement (i.e., at the police station) and is not free to go.
Signs You Might Be Under Federal Criminal Investigation
If you have been charged with a federal crime, you may be facing prison time and steep fines. Although you may not be formally notified, federal agencies routinely investigate suspects of federal crimes.
If you have reason to believe that you are under investigation, do not wait to reach out to Law Offices of James F. DiQuattro. In this article, our Chicago federal crimes attorney discusses the telltale signs that you are under federal criminal investigation.
Receiving a Target Letter
Receiving a target letter from the U.S. Department of Justice or U.S. Attorney’s Office is a sure sign that you are under federal investigation. The letter informs criminal defendants that they are the focus of a Grand Jury’s investigation and of the charges against them.
Being Presented with a Search Warrant
A police officer must obtain a search warrant to search your property. Signed by a judge or magistrate, a search warrant authorizes a police officer to search the location and property specified in the document. If a federal agent shows up at your home or workplace with a warrant, that is another sign that you are being investigated for a crime.
What Evidence Can Help Your Criminal Defense in Illinois?
Convincing evidence can make the difference between being found guilty or not guilty of a crime. An experienced criminal defense lawyer will know what evidence is needed to support an acquittal in a criminal case. In investigating your case, a criminal defense lawyer will know what avenues to pursue to obtain relevant evidence.
If you are facing criminal allegations, you need a Chicago criminal defense lawyer who has experience representing individuals charged with a variety of offenses. Below, we will discuss the most frequent types of evidence used in criminal investigations.
Physical Evidence
Physical evidence, also called real evidence, is any material object that was present at the crime scene. Such items may include a weapon, blood-stained clothing, or lipstick on a drinking glass. Physical evidence can provide valuable insight into who was present at the scene and other circumstances behind the crime.
To admit an item into evidence, you must provide evidence demonstrating that the item is what you claim it to be. This is known as authenticating evidence, and it is crucial to maintaining credible investigations in our justice system.
Motor Vehicle Theft is a Common Crime in Chicago
The popularity of TikTok videos has fueled the theft of motor vehicles in the past few years. In 2023, there were a reported 29,063 stolen vehicles in the Windy City. Earlier this year, there were 457 vehicles stolen in a single week.
If you have been accused of stealing a motor vehicle in Chicago, you deserve dependable legal counsel. Our Chicago motor vehicle theft attorney would like to discuss the legal implications of motor vehicle theft charges.
Illinois Law Against Car Theft
According to 625 ILCS 5/4-103, you will be considered in possession of a stolen motor vehicle if any of the following circumstances apply:
- If you do not own the motor vehicle and attempt to dispose of or sell the vehicle with the knowledge that it is stolen
Can Murder Charges Be Reduced to Manslaughter?
Dr. Martin Luther King, Jr. once said that “violence only begets more violence. It is a never-ending cycle.” While true, some people do take the life of another person for countless reasons.
While killing another person is considered the most atrocious offense one person could commit, the law does not see all killings the same. The law classifies homicides based on the offender’s state of mind during the commission of the act. Illinois law is no different.
If you are facing homicide charges, you need a Chicago criminal defense lawyer to defend these heinous charges levied against you.
Murder versus Manslaughter
Illinois law does make a distinction between first-degree and second-degree murder. In first-degree murder, the defendant must have an intent to kill. First-degree murder requires either planning (premeditation) or an intent to cause great bodily harm.
If there are certain mitigating factors, the charge may be reduced from first-degree to second-degree murder. Second-degree murder may entail a killing in the heat of the moment, like if the defendant intended to kill another person but killed the victim instead.
Drug Trafficking Charges in Illinois
Under the Illinois Controlled Substances Act, drug trafficking occurs when anyone knowingly brings or helps to bring a controlled substance into the state with the intent to manufacture or deliver the drug.
In a recent year, the Prairie State was home to 406 drug arrests per 100,000 people. Due to the danger drug trafficking poses to public safety, these charges are often more severe than simple possession charges.
An experienced Chicago drug trafficking lawyer can give you an overview of drug trafficking and the types of penalties you may be up against if you are convicted.
What are the Penalties for Drug Trafficking?
In Illinois, drug trafficking is commonly charged as a felony, ranging from a Class 3 to a Class X felony, with certain drug trafficking being considered a misdemeanor offense.
Aggravating Factors in Battery Cases
Illinois law defines battery as any unwanted physical contact that is provoking or insulting or causes another person bodily harm. Battery is a Class A misdemeanor, which carries a potential sentence of one year in prison and a fine of $2,500.
However, there are circumstances in which a battery charge can become an aggravated battery charge. Certain factors can enhance the charge, resulting in steeper fines and additional jail time. These factors can make the difference between a misdemeanor and a felony charge.
If you have been arrested or charged with battery, do not hesitate to contact a Chicago assault lawyer.
Aggravated Battery in Illinois
720 ILCS 5/12-3.05 states that aggravated battery is based upon bodily injury to others. The statute states that any of the following circumstances may lead to an aggravated battery charge:
Collateral Consequences of a Sex Crime Conviction
If you have been convicted of a sex crime, you may be facing jail time, probation, and hefty fines. However, after you are released, you will be required to register on the sex offender registry.
The registry is available to the public, and the collateral consequences can affect your ability to live a normal life. If you have been accused of a sex crime, it is critical that you hire a Chicago sex crimes attorney to protect your good name.
You Might Be Listed on the Sex Offender Registry
If you have been convicted of a sex crime in Illinois, you will likely need to register as a sex offender for a minimum of 10 years. For most sex offenders, you will need to re-register annually. If you are deemed a sexual predator, you will need to re-register every 90 days.
The national sex offender registry lists the sex offenders in all 50 states. Each entry includes the sex offender’s full name, photograph, aliases, current age, past and present places of residence, and past and present places of employment. Within one click, your reputation can be forever ruined.
Challenging Eyewitness Testimony in Homicide Cases
Eyewitness testimony can sway a jury from a not-guilty to a guilty verdict, or vice versa. This testimony is often more widely available and can be used on its own to convict a defendant in a criminal trial.
While an eyewitness may testify to seeing certain events unfold, many eyewitnesses are mistaken. An estimated 77,000 suspects are arrested each year on eyewitness testimony. However, studies show that mistaken eyewitness testimony can be attributed to more than 50% of all wrongful convictions.
If you have been charged with a crime, do not hesitate to contact an experienced Chicago criminal defense attorney who can help assess the reliability of eyewitness testimony in your case.
Factors that Affect Eyewitness Testimony
There are several factors that will affect the credibility of eyewitness testimony:
Manslaughter vs. Murder Charges
A person’s intent behind a killing can make the difference between life in prison and a shorter sentence. While first-degree murder carries a prison sentence of twenty years to life in prison, manslaughter normally will require the offender to spend less than 15 years in jail.
Below, we provide an overview of manslaughter and murder charges and how intent can determine the severity of your punishment. If you are facing charges, speak with our Chicago criminal defense lawyer directly.
First-Degree Murder
In Illinois, first-degree murder requires the prosecutor to prove one of the following three elements at trial:
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