Illinois Criminal Defense Lawyer

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Criminal Defense Attorneys in Illinois

Brian Kuester
Attorney Brian Kuester
Illinois Criminal Defense Team Lead
Former US Attorney
Former District Attorney
Ellen Comley
Attorney Ellen Comley
Defense Team Lead
Senior Counsel
Roger Bach
Roger Bach
Team Consultant
Former Special Agent (OIG)

If you are taken into custody by Illinois authorities, you may spend hours, days or weeks in jail before you have been convicted of a crime. In fact, the state may be allowed to hold you for a short period of time before you’re officially charged with a crime. This may cause a significant interruption to your life both now and in the future despite the fact that the government hasn’t proven that you did anything wrong. Fortunately, you have the right to hire an Illinois criminal defense attorney to represent your interests throughout the legal process.

Why Hiring an Attorney Is a Smart Decision

The moment that you become a person of interest in an investigation, anything that you say or do may be used as justification to charge you with a crime. If you have already been charged with a crime, anything that you say or do can be used before or during a trial in an effort to obtain a conviction.

While no one intends on incriminating themselves, it can be easier than you think to do so. For example, in an effort to clear your name, you may accidentally admit to owning a gun that was used in a shooting or to owning a computer that was used to commit bank fraud.

It’s also easier than you think to give authorities probable cause to expand an investigation. For example, if you admit that your friend smoked marijuana at your house, it may provide police with an opportunity to search your home.

Therefore, it’s almost always in your best interest to hire an attorney the moment you believe that you could be charged with a crime. The moment that you do so, questioning cannot occur without counsel present. Furthermore, your legal advocate may also take steps to help secure your release from jail if you are taken into custody.

An attorney may also be able to have evidence suppressed during an initial hearing or at trial. This may sufficiently weaken the state’s case and provide an opening to either have a case dismissed or to obtain a better plea deal.

Finally, legal counsel will respond to government inquiries or media requests for comment. This can make it easier to control the narrative while also ensuring that you can focus on taking care of yourself and your family during a difficult time in your life.

We Handle Almost All Criminal Cases

Assault and battery, drunk driving, and drug possession are among the types of offenses that you’re most likely to be charged with at the state level. However, it’s possible that you could be charged with tax fraud, bank fraud, or other types of financial crimes that are tried at the state level as opposed to the federal level.

It’s important to note that you can be charged with state and federal crimes at the same time. Our team will likely be able to help you create a defense if that is suitable for your case.

In addition, we can work with you to build a defense against crimes such as rape, sexual assault, or child pornography. If you are accused of any other type of crime involving a minor, our team will likely be able to help you as well.

The Types of Penalties Associated With a Criminal Case

If you are convicted of a crime, you may face a number of penalties such as a jail or prison sentence or probation. You may also be subject to financial penalties such as the cost of getting your car out of an impound lot, a fine, or restitution to victims of a financial crime.

You may also be required to do community service as part of your sentence. Depending on the facts of your case, this could be in lieu of jail time or in addition to it. It may also be possible to perform community service in lieu of paying a fine.

Penalties May Be Levied After Being Taken Into Custody

In some cases, you may be subject to penalties prior to being convicted of a crime. For example, if you are charged with drunk driving, your license may be suspended if you fail to adhere to implied consent laws. As a condition of receiving your license, you agreed to submit to sobriety tests if an officer asked you to do so. Although you have the right to refuse to take a chemical test, a refusal will result in additional penalties being assessed immediately and independently of the outcome of the criminal drunk driving case.

Factors That Might Determine Your Sentence

Your age might be a factor when determining how your sentence is structured. For instance, if you are convicted of underage DUI, you may not get your license back until your 21st birthday even if you were charged when you were 16. However, you may benefit if you are tried as a minor for most other crimes because sentencing guidelines may be more lenient.

Your criminal history will also likely come into play when determining your sentence. If you have been convicted of offenses in the past, particularly those that are similar to your current charges, you may be subject to jail or prison time even if a conviction in your current case calls for probation or a fine.

As you might imagine, the severity of the crime that you’re accused with will play a role in the penalties that you might face. For example, you’ll face harsher penalties for a conviction on a felony charge as opposed to a misdemeanor.

If there are any aggravating factors in your case, they will likely be taken into account, as well. Aggravating factors may include driving while having a significantly high blood alcohol content (BAC), using a gun to rob a store, or being in possession of large quantities of controlled substances.

Frequently Asked Questions

Should I talk to authorities?

It is your choice as to whether you want to talk to authorities at any point during the legal process. However, as a general rule, it’s in your best interest to say as little as possible. Doing so may prevent you from incriminating yourself. Furthermore, the tactics that authorities use in an effort to get you to talk may provide more insight into what they actually know about your case. Ultimately, this may be exploited by your attorney in an effort to obtain a timely and favorable outcome in your case.

What happens after I request an attorney?

The moment that you ask for an attorney, you cannot be questioned without that person present. You have the right to request legal counsel the moment that you are detained, and are under no obligation to speak simply because the police or other state officials want you to do so. If you are taken into custody, you must be informed of your right to counsel. In the event that this does not happen, anything that you say may be suppressed by a judge.

Who will represent me?

Our firm has a number of attorneys who have spent time with the DOJ, IRS, and other federal agencies. We also have attorneys who have served as federal prosecutors, which means that we have a strong understanding of what the government is likely thinking when it makes a move before, during, or after a charge is filed. It’s important to note that you will be represented by a senior attorney from The Criminal Defense Firm throughout your case as opposed to working with a junior associate or a paralegal.

Will I go to jail?

We cannot guarantee any particular outcome in your case. However, it’s possible that a judge will sentence you to no more than probation or a fine if you are convicted in your case. It’s important to understand that accepting a plea deal is the same as pleading guilty to a criminal offense. Of course, if you are acquitted or the case is dropped, you will not be subject to any penalties in the matter.

Can the government track me as part of an investigation?

There is a chance that the government may try to track your computer, read social media posts, or take other steps to collect evidence against you. However, it’s important to understand that this can generally only happen if the state has a warrant to do so. Otherwise, you may have grounds for an appeal claiming that your Fourth Amendment rights were violated. Any violation of your rights may also be grounds to have evidence suppressed prior to or during a trial.

Contact Us Today!

If you are in need of a criminal defense attorney, call our nationwide intake number 866-603-4540 at any time or reach out using our online contact form.

Areas of Practice in Illinois

Dallas 214-817-2053
Houston 713-454-7814
Detroit 313-634-0925
Baton Rouge 225-269-8749
New York 332-239-7345
Winter Park 407-890-0460
Miami 786-751-3247
Portland 207-222-7742
Nationwide 866-603-4540