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What to Do When the Police Arrive With a Search Warrant

Posted on in Criminal Defense

Joliet criminal defense lawyerHearing a knock on the door when you were not expecting anyone can be anything from annoying to alarming. When the knock is aggressive and followed by a call of, “Police! Search Warrant!” it is normal to feel afraid. You may or may not know why the police are interested in searching your home, but the search will occur either way. Having your home searched can be terrifying, or even deadly in some cases. It is important to respond correctly when the police arrive with a warrant to search your living space. Common errors made by a suspect during a search could impact any criminal prosecution that may result from the search.

It is difficult to retain composure during this frequently intimidating process. You will need to maintain a cooperative demeanor - even if you are arrested - without inadvertently making an incriminating admission. As soon as possible, you must then contact a criminal defense attorney. 

Guidelines for Handling a Search Warrant

Your instinct may be to run away out the back door or to hide somewhere, but these courses of actions are likely to lead to more complications. Guidelines for addressing the situation well when the police arrive with a search warrant include: 

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3 Ways to Defeat a Domestic Violence Charge

Posted on in Criminal Defense

Joliet criminal defense attorney Domestic violence is one of the most serious misdemeanor criminal offenses. As does society, courts look down on those who assault and batter a current or past romantic partner, a family member, or a household member. There are stereotypes attached to a domestic violence conviction that may close off educational or career opportunities. You may suffer severe collateral consequences far beyond any judicial sentencing imposed.

Those who are convicted of offenses related to domestic violence may be incarcerated for up to a year - or more, if domestic violence is charged as a felony - in addition to being fined and placed under the close supervision of a probation officer. The consequences can be severe and life-altering considering the circumstances under which many are arrested. Police officers may respond to a chaotic scene and errantly arrest someone who was not the aggressor. If you are facing domestic violence charges, the importance of reaching out to a qualified attorney as soon as possible cannot be understated. 

Multiple Paths to Dismissal or Acquittal

A variety of legal strategies may be employed in the defense of a domestic violence defendant. Defense strategies that may result in dismissal or acquittal can include: 

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How Much Trouble Will I Get in for Stealing Makeup From a Drugstore?

Posted on in Criminal Defense

Joliet criminal defense attorneyIn recent years, news headlines in many states have announced that minor shoplifting is not being seriously prosecuted and defendants charged with stealing items valued under a certain amount are only being charged with a misdemeanor offense. Certain cities in Illinois have taken a similarly lenient approach. In 2016, Kim Foxx told Cook County prosecutors that the vast majority of retail theft under $1,000 would only be prosecuted as a misdemeanor rather than a felony. 

While news like this may make it seem like stealing products of little value from retail stores is not a big deal, many drugstores have closed because of an inability to prevent theft and previously lenient prosecutors are now taking a firmer stance against minor theft. Theft laws in Illinois still remain strict and, in Will County, prosecutors are still going after retail thieves aggressively. 

Many Actions Can Be Considered Retail Theft

Everyone knows that putting an item in your pocket or your purse and leaving the store without paying for it is stealing. But several other behaviors can be prosecuted as shoplifting as well, including: 

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Robbing Someone at an ATM in Illinois Carries Serious Consequences

Posted on in Criminal Defense

Joliet bank robbery defense attorneyFor criminals unschooled in federal case law, robbing someone at an ATM might seem like the perfect opportunity to get easy cash without having to commit the more serious crime of holding up a teller at a bank. If you can catch someone at an ATM with their debit card, you may think you can access account funds without risking more than charges of basic robbery. 

This turns out to be a huge mistake. While most personal robberies do indeed fall under state law, robbing someone at an ATM will likely be treated the same as robbing someone at a bank. While courts are still somewhat divided over this issue, rulings exist that have allowed ATM robberies to fall under federal law and jurisdiction, bringing much harsher penalties. If you have been charged with robbing someone at an ATM in Illinois, make sure you have an excellent criminal defense attorney. 

Not All ATM Robberies Are Bank Robberies

There is some division among federal circuit courts that have heard appeals from people who have been charged with robbing someone at an ATM but who dispute that the robbery was a federal crime. In most of these cases, the circuit courts agreed that the ATM money was in the possession and control of the bank and that forcing a customer to withdraw cash from an ATM was also robbing the bank. 

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Illinois Truck Drivers Should Be Aware of These Common Commercial Driver License Violations

Posted on in Criminal Defense

Joliet CDL violation defense attorneyThe truckers and deliverymen and women who ensure the rest of Americans receive their packages and food on time often need to have commercial driver’s licenses (CDL). Getting a CDL requires extensive training in recognition of the serious responsibility that comes with driving vehicles carrying significant weight or dangerous substances. 

Because of this responsibility, Illinois law is highly circumspect when it comes to articulating CDL violations and the consequences such actions involve. If you are a CDL driver or want to be and have questions about license violations or reinstatement, speak with an attorney right away. 

Common CDL Violations

While certain violations, such as driving under the influence, might be more well-known, other violations may surprise you. Just a few common CDL violations include: 

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