Finding the Right Criminal Defense Attorney

 Posted on October 10, 2016 in Criminal Defense

You have been accused of a crime. Now, what? First off, remember - you have the right to remain silent. You do not need to speak to any police officer or any other authority figure about anything relating to your case. Law enforcement officials are skilled at their jobs - they have the ability to lie and manipulate facts to coax people into admitting guilt. Do not fall for this. Instead, it is vital that you seek the help of a skilled Illinois criminal defense attorney immediately.

Criminal charges can be life changing and, without assistance, you may find yourself facing severe legal, financial, and emotional consequences. It is important that you hire an attorney with the knowledge and skills required for your specific charges. Finding a quality attorney, however, can be tougher than it sounds. How does one go about finding the right criminal defense attorney? Start by asking the right questions. Questions for Potential Attorneys Choosing the right attorney could be the difference between freedom or jail time, so it is important to take some time to review your options. Many people work with the first attorney they meet with but keep in mind that you have the power to find the best possible attorney for you, one who has the experience and knowledge needed to defend you. Start by making sure that any potential candidates are members of the Illinois State Bar Association, and if you are in Chicago, the Chicago Bar Association. Typically any attorneys with questionable practices or backgrounds are not eligible for membership. Next, ask each potential attorney a variety of questions. You want to be sure that whoever you choose is qualified to handle your case and that they will handle it well. Ask about the attorney’s background, qualifications, and how they would handle your specific case. Use questions like:

• What similar cases have you handled in the past;

Continue Reading ››

What Does Aggravated DUI Mean?

 Posted on October 03, 2016 in Uncategorized

In Illinois, DUIs can be ruled misdemeanors or felonies. In all cases, a person must be found guilty of operating a vehicle under the influence of drugs or alcohol beyond the legal limit. Most first-time DUIs are misdemeanors, but in some circumstances, even first time DUI charges can be enhanced to felony charges. DUI charges can be increased from misdemeanor charges to felony charges if any number of aggravating factors are present. If prosecutors find that aggravating factors present and increase the DUI to a felony, it is now an aggravated DUI. While it is important to consult an experienced Illinois DUI attorney no matter your DUI charges, those facing aggravated DUI charges should seek the help of an attorney skilled in DUI defense immediately, as the sentences for felony charges are much harsher than misdemeanors. Aggravating Factors When prosecutors and judges review a DUI case, they look for a number of mitigating and aggravating factors. Mitigating factors, such as being a first time DUI offender with no past record, are positive reasons to be more lenient. Aggravating factors, on the other hand, can lead to tougher sentences. A DUI can be enhanced to a felony if:

• The driver has two past DUIs or more;

Continue Reading ››

Class X Felonies in Illinois

 Posted on September 26, 2016 in Uncategorized

In Illinois, crimes are categorized based on the type of crime committed and the severity of said crime. Less serious crimes, low-level marijuana possession or reckless driving, for example, are considered misdemeanors, and carry with them a possible punishment of fines and a maximum of one year in jail. Felony charges, on the other hand, result from more serious criminal activity such as stalking, aggravated battery, and criminal sexual assault, and those found guilty of committing a felony will face at least a year in prison. The more serious the felony committed, the harsher the sentence will be, and some felonies even have lengthy required minimum jail sentences. It is important that anyone facing any criminal charges, misdemeanor or felony, seek the help of a qualified Illinois criminal defense attorney.

Felony Categories

Per Illinois law, felonies are broken down into five categories based on the time of incarceration in an Illinois penitentiary. Fines for felonies do vary, but each of the five categories of felony fines is able to be up to $25,000.

Continue Reading ››

Which Illinois Cities Had the Highest DUI Arrest Rates in 2015?

 Posted on September 19, 2016 in DUI

Although Illinois authorities are cracking down on DUIs throughout the state, new survey data shows that some cities in Illinois may be tougher than others when it comes to drunk driving. A survey released annually by a citizen group known as the Alliance Against Intoxicated Motorists shows which communities in Illinois had the highest number of DUI arrests each year. The findings for 2015 were recently released as well as a top ten list of cities in Illinois with the most DUI arrests last year. What city came in first and where does your city land on the list?

High DUI Arrest Rates

According to the survey’s findings, the top honors for arrests made in 2015 for DUIs went to two cities - Carol Stream and Rockford. Both communities totaled 464 DUI arrests last year. Decatur, the city in first place in 2014, came in second this past year with a total of 405 arrests. Springfield followed in third with 385 arrests, and Naperville, a community that has a tradition of landing in the top ten each year, finished 2015 in fourth place with 369 arrests.

Continue Reading ››

Decriminalizing of Marijuana in Illinois

 Posted on September 12, 2016 in Drug Crimes

As society’s opinion on marijuana has become more relaxed, many states have taken efforts to decriminalize possessing small amounts of marijuana. Some states have legalized the use of medical marijuana as a treatment for those suffering from health problems. A few, like Oregon and Washington, have even legalized marijuana growth and consumption completely for both medical and non-medical users. Illinois, however, has been slow to follow this trend. After a drawn out battle, medical marijuana just recently became available in the state, and some cities across the state have decriminalized low-level marijuana possession, but the drug remains illegal in much of the state. That may soon change, however, as the Illinois Senate recently approved a measure that would decriminalize low-level marijuana possession statewide.

Toke and Ticket

The Illinois Senate voted 37 to 19 in favor of the legislation, which was passed successfully through the house a month prior. If signed by Illinois Governor Bruce Rauner, those caught possessing 15 grams of marijuana or less, about 25 cigarette-sized joints worth of marijuana, would face a ticket and fine over arrest and jail time. Currently, those arrested for low-level possession face fines of up to $2,500 and a jail sentence of up to one year. Much like getting a traffic ticket, the new penalties would be much less serious, up to $125 in fines without any arrest or court time.

Continue Reading ››

Understanding Illinois Misdemeanor Charges

 Posted on September 05, 2016 in Misdemeanor

Do you know what differentiates a misdemeanor charge from a felony charge in Illinois? Per Illinois state law, misdemeanors are charges that include a punishment of less than a year in county or local jail. Felonies, on the other hand, are more serious crimes and include punishment of a year or more in a state prison.

While it is true that misdemeanor crimes carry less harsh penalties compared to felonies, misdemeanor charges are still very serious and can potentially harm you into the future. Misdemeanors still include arrest, being required to take mug shots and fingerprinting, and result in a criminal record. In Illinois, a criminal record can make things like finding a job, leasing an apartment, and continuing your education difficult.

Classes of Illinois Misdemeanors

Misdemeanors in Illinois are separated into three categories, class A, class B, and class C, depending on the severity of the crime committed. The least severe misdemeanor is class C, and charges include assault and disorderly conduct, while the most severe class, class A, includes crimes such as prostitution, theft, and driving under the influence.

Continue Reading ››

Asset Forfeiture in Illinois

 Posted on August 22, 2016 in Civil Rights

Innocent until proven guilty. A person in America must be proven, beyond a reasonable doubt, to be guilty of committing a criminal act before a conviction. It is one of the most important pieces of the American criminal justice system, but a principle not afforded to many in Illinois and elsewhere, thanks to asset forfeiture laws. Through asset forfeiture, police departments in Illinois are able to take possession of any personal property they believe is related to a criminal act, whether that is actually the case or not. Over the past two years, Illinois police have seized millions of dollars in assets and personal property through civil and criminal asset forfeiture, a system that many say is broken. Here is what you need to know about asset forfeiture in Illinois. Guilty until Proven Innocent? While asset forfeiture laws in the United States have existed for many years, they were greatly expanded in the 1980s when authorities were hoping to seize the assets collected by major drug kingpins and organized criminals. Taking illegally obtained assets from criminals makes sense, but in Illinois, asset forfeiture laws are affecting more than just those engaged in criminal behavior. Civil asset forfeiture allows Illinois police departments across the state to seize any personal asset or property they believe to be related to a crime. Authorities need no proof, criminal charges, or a warrant to seize the suspected assets, and it then becomes the property owner's responsibility to prove their property is not related to criminal activity. In August of 2015, an Illinois senior citizen and grandmother had her car seized and held for five months. She had let her grandson use the vehicle, and he was stopped and arrested for driving with a revoked license. The grandmother was unaware of her grandson’s situation, and while he was only sentenced to 10 days in jail, the car was not returned for five months. Over that five-month period, the grandmother struggled to live without a vehicle, and also attempted to represent herself in court and prove that her vehicle was not related to a crime. Many residents have found themselves in a similar position, required to fight for their own assets taken by authorities without any proof or warrant. “There are so many cases that people cannot contest,” says one Illinois attorney, who worked pro bono with the grandmother to help her obtain her car. “The burden of proof needs to be on the prosecutor. It is quasi-criminal, if not criminal, to take someone’s property from them in this way.” Legal specialists say that asset forfeiture is more common in Illinois than residents would think. According to records from the Illinois chapter of the American Civil Liberties Union, Illinois police have seized $72 million in assets over the last two years alone. Agencies are able to keep 90 percent of the proceeds of the assets they collect, a policy some people say is cause for concern. Even officers themselves have said that many authorities view asset forfeiture as a revenue generator. While states like Nebraska, Michigan, and New Mexico have all taken recent steps to either banish or reform asset forfeiture within their states, Illinois has yet to make any reformations. In fact, Illinois received a D-minus from the Institute for Justice due to the quality of protections the state provides to property owners. You Need a Criminal Defense Attorney

If you are facing any criminal charges in Illinois, you need the help of a qualified Chicago area criminal defense attorney. Call 312-629-0669 today to learn more about how attorney Hal M. Garfinkel and his team can help you. We provide aggressive legal representation and have years of experience defending clients from a variety of criminal charges. Call now to set up a free consultation with us.

Continue Reading ››

Where Does Heroin in Illinois Come From?

 Posted on August 15, 2016 in Drug Crimes

Heroin, an extremely addictive opiate drug, has long plagued Illinois. Heroin can devastate lives and even communities, leading many to label the widespread heroin problem as an epidemic. The drug affects people from all walks of life, from already at-risk drug users to individuals recovering from surgery who find themselves addicted but out of pain medication and looking for an alternative. Where is the heroin circulating around Illinois coming from? Law enforcement officials say the state’s supply of heroin comes from two places: Mexico and South America. Two Sources Heroin is most commonly available in two different forms. There is the white or brownish powder, known as white powder, and a black, sticky substance known as black tar. The drug is often diluted using other drugs or starch, sugar, or powdered milk. Users can smoke, snort, or inject the highly addictive substance which provides a sense of euphoria. Illinois is affected by both forms of the drug. Chicago is one of the most profitable markets for white powder heroin, while nearby St. Louis has a large demand for both the black tar and white powder forms. Officials say that because there is demand for both types of heroin, traffickers are moving the product up from both Mexico and South America. “Much of the heroin supply to the U.S. comes from Mexico, but most of the heroin that goes to the eastern portion of the country and to Chicago, comes from South America,” says one Illinois drug enforcement specialist. Drug enforcement officials say that today’s drug traffickers are business-minded, and are constantly seeking out new ways to provide users with their product. Chicago and St. Louis are both large distribution hubs, where the heroin is delivered, divided, and then spread out. Arrests Versus Education While law enforcement officials say they plan to continue thwarting attempts to deliver and distribute heroin and other drugs to Illinois residents, officials say further education is also needed to help combat the heroin epidemic, as well as treatment options for addicts opposed to jail time. “We cannot arrest our way out of this situation,” says one drug task force member. Further education is needed, specialists say, to help inform the public of the reality of the problem. Everyone is vulnerable, and thanks to highly addictive pain medication often prescribed after a surgery or injury, many individuals with no past drug use find themselves seeking heroin. While arresting heroin users may get them off the street for the time being, treatment is needed to help addicts combat their addiction and move forward free from heroin. Heroin Charges?

Are you facing heroin related charges? If so, you need the help of a qualified Chicago area criminal defense attorney with experience helping clients with drug charges. At the Law Offices of Hal M. Garfinkel LLC, Chicago Criminal Defense Attorney, our team has years of experience providing aggressive, quality criminal defense to clients facing a variety of drug related charges. Be it heroin possession, distribution, or trafficking charges, we are here to help. Call 312-629-0669 today to learn more about how we can help you.

Continue Reading ››

Investigation Finds Many Hate Crimes Go Unreported in America

 Posted on August 08, 2016 in Hate Crime Statute

According to the FBI, an average of 5,000 to 7,000 hate crimes are reported each year in America. The bureau defines a hate crime as any criminal offense committed against a person or property that is motivated by a bias against a certain religion, race, disability, ethnicity, gender, gender identity, or sexual orientation. The FBI reports that nearly half of all hate crimes are driven by racial bias, and advocates worry that hate crimes may be increasing due to racial and religious tension in America.

Just over a year ago, nine African American churchgoers were shot in Charleston, South Carolina in a violent attack labeled a hate crime, and other minority groups have seen increased violence lately as well. Muslims say violence against them has risen, and gay and transgender groups report being targets of violence recently as well. Despite hate crimes being handled very seriously by the federal government, an investigation recently conducted by the FBI shows that many local agencies across the country fail to accurately report the number of hate crimes their departments handle each year. Lack of Reporting According to the Associated Press, who conducted the investigation, over 2,700 police and sheriff departments across America have not submitted a hate crime report of any kind to the FBI over the past six years. The bureau encourages all departments to submit hate crime reports annually, even if the number of hate crimes listed is zero. Submitting annual reports, the FBI says, shows that communities are taking hate crimes seriously, even if they report zero hate crimes occurred. Those 2,700 departments that have not submitted reports in six years make up 17 percent of all law enforcement agencies nationwide, meaning the number of hate crimes in America could be significantly higher than reported, and the problems do not stop there. On top of the 2,700 some agencies that have failed to file a hate crime report of any kind over the past few years, many other agencies across the country have other reporting problems. Some agencies report some years, and then fail to do so other years. Other agencies report hate crimes for part of the year but not all of it. Many local agencies say they believed they were reporting, or following FBI protocol, when in fact they were not. While the FBI strongly encourages any law enforcement agency empowered to make an arrest to submit hate crime numbers annually, it is voluntary, and FBI officials are working on increased training to ensure departments do start reporting or do a better job of reporting. Of the agencies that did not report at all, many represented small towns of a few thousand people or less, but some were surprisingly in larger, more heavily populated areas with  histories of racial issues such as Birmingham, Alabama; Jackson, Mississippi; and Baton Rouge, Louisiana. Advocates say that it is not just law enforcement agencies that are failing at identifying and reporting hate crimes. Victims often do not report hate crimes committed against them for reasons including fear of retaliation against them, fear of lack of support from law enforcement, or fear that the incident was a personal or private matter. The Sikh community, for example, is often confused with Muslims because they wear similar head coverings. Some Sikh community members say that their community fears reporting hate crimes because increased attention may draw more violence towards them. Fighting a Hate Crime Charge

If you are facing hate crime charges, you need the help of an experienced Chicago area criminal defense attorney. Hate crime charges are very serious, and your freedom and reputation could be at stake. Serious charges require serious legal expertise. At the Law Offices of Hal M. Garfinkel LLC, Chicago Criminal Defense Attorney, Attorney Garfinkel and his team have extensive experience with the federal court system, and can help make sure your rights are protected during your case. Call 312-629-0669 today to schedule a free consultation with us to learn more.

Continue Reading ››

Understanding Different Illinois Burglary Charges

 Posted on August 01, 2016 in Uncategorized

Burglary of any kind is a serious crime with serious consequences facing those who get caught. When most of us picture a burglary, we think of someone in all black sneaking or breaking into a property in hopes of stealing something. While that description is accurate in many cases, there are actually many different charges in Illinois associated with burglary. Where you break in, how you break in, and what your intent is after breaking in are all factors that determine which burglary related charges will be brought against you. Those arrested for burglary often find themselves confused by the charges they are facing. Below, we break down a few of the most common burglary related charges in Illinois.

Burglary

Illinois Law (720 ILCS 5/19-1) states that a person commits burglary when they knowingly enter a building, vehicle, watercraft, trailer, or train car with the intent to steal something. Most burglaries in Illinois are considered Class 2 felonies, meaning those charged with burglary in Illinois face a prison sentence of up to seven years. If, however, the burglary takes place at a church, a school, a daycare center, or a child care related facility, the charge can be raised to a Class 1 felony, and the punishment can carry a prison sentence of anywhere from four to 15 years.

Continue Reading ››