Understanding Probation in Illinois

 Posted on October 24, 2016 in Probation

Are you facing criminal charges in Illinois? Depending on the severity of the crime you are accused of committing, you may be eligible for probation instead of facing jail time. A qualified Illinois criminal defense attorney can review the charges you are facing and advise you if you may be allowed probation over a harsher sentence. What does probation entail, and who is eligible? Below, we explore important facts about probation in Illinois. What Is Probation? Probation offers criminal offenders significantly more freedom while serving their sentences. The offender is able to serve their sentence while living in their community but under the close watch of their probation officer. Those on probation must follow certain terms set by the court and the individual's actions are observed closely. Probation can be offered immediately after being found guilty, or it can be a portion of a larger sentence including jail time. Sentencing lengths for probation depend on the severity of the crime committed. Most probation sentences range from one to three years, though sentences can be shorter or longer depending on the case. As said earlier, not every offense is eligible for probation. If an offender has committed a minor crime and has never been convicted before, they may be sentenced to probation instead of jail time. Probation is still considered a conviction and will be listed on your record, but it is a nicer alternative to prison. Probation Terms When sentenced to probation, each offender is given specific terms that they must meet at all times. While specific terms are set on a case by case basis, some common terms of probation include:

• Reporting on a regular basis to a probation officer;

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Illinois Felony Punishment Breakdown

 Posted on October 17, 2016 in Criminal Defense

Are you facing felony charges? A felony crime is any crime that is punishable by either the death penalty or at least one year in an Illinois state prison. Misdemeanor charges, on the other hand, include a prison sentence of a year or less, depending on the severity. If you are facing felony charges, it is important that you consult an experienced criminal defense attorney. With prison time and hefty fines on the line, a guilty verdict can be life changing. In Illinois, felonies are categorized based on the severity of the crime committed. In general, the less serious the crime is, the less severe the punishment is likely to be. Felonies are broken into five categories - Class 1 through 4 felonies, followed by Class X, which consists of the most severe crimes one can commit aside from first-degree murder. If you are facing felony charges, an experienced criminal defense attorney can help determine which class of felony you are being charged with and can help you build as best a defense as possible. Below, we break down the punishments associated with each class of felony in Illinois. Class 4 Felony The least serious felony charges one can face are Class 4 Felony charges. Examples include stalking and aggravated assault. Being the least serious of all the felony classes in Illinois, Class 4 felony punishments are a fine of up to $25,000 and between one and three years in jail. Class 3 Felony Class 3 Felonies are a step up from Class 4 and thus carry harsher sentences. Aggravated battery, for example, is a Class 4 felony, and anyone found guilty of committing a Class 4 felony will face between two to five years in a state prison as well as fines of up to $25,000. Class 2 Felony Class 2 Felonies, arson, for example, are very serious. Sentences range from three to seven years in prison as well as fines of up to $25,000. Class 1 Felony Class 1 Felonies include heroin and cocaine possession, as well as other very serious crimes such as criminal sexual assault. The punishment, if found guilty, ranges from four to 15 years in prison and fines of up to $25,000. Class X Felony Class X Felonies are the most serious of all felony charges in Illinois. If found guilty, those who have committed Class X felonies face between six to 30 years in state prison as well as fines up to $25,000. Extended Terms in Illinois In some cases, a judge may determine that extended sentencing is necessary, and may sentence those found guilty of committing a felony to more than the typical prison time associated with the class of felony. Aggravating factors must be present for a judge to add extended terms. For example, a past criminal history, or being involved in a hate crime, would both warrant potential extended terms. Even a Class 4 felony, which is usually punishable by one to three years in prison, can be extended to up to six years spent incarcerated if aggravating factors are present. At the top of the list, a Class X felony with extended terms can be punishable by up to 60 years of incarceration. Facing Charges?

Are you facing felony charges? A felony of any class can be life changing, so it is important that you consult with an experienced Illinois criminal defense attorney who can help build a strong defense. At the Law Offices of Hal M. Garfinkel LLC, Chicago Criminal Defense Attorney, our team has years of success defending clients from a variety of charges. Attorney Garfinkel himself is a former prosecutor who understands the Illinois legal system. Call 312-629-0669 today to set up a free consultation with us to review your case.

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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;

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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;

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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.

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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.

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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.

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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.

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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.

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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.

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