Illinois Criminal Defense Blog
Monday, April 1, 2013
Despite a federal ruling that Illinois' concealed carry ban is unconstitutional, police, prosecutors and judges alike say they are disregarding the finding and continuing to enforce the law — at least for now.
Police say they continue to arrest those who violate the state's ban on carrying a gun in public, and prosecutors continue to charge them. Backing up the authorities — but perhaps creating more confusion — a state court ruled last week that the federal decision is not binding on Illinois courts and upheld the nation's last concealed carry ban as constitutional.
Click here to read more.
by Matt Fakhoury
Matt Fakhoury is on Google+
Monday, March 25, 2013
Criminal damage to property can be charged as a misdemeanor or felony, depending on the specific elements of your case. As such, it is vital to hire an experienced criminal defense attorney. As a former prosecutor, attorney Matt Fakhoury will analyze the state’s case against you to ensure an aggressive, thorough, and well-crafted defense.
The specific charges and penalties for criminal damage to property vary greatly. For instance, if the state contends that you damaged the property of a school, government, or place of worship, the offense will be charged as a felony. Charges of this nature often carry more severe penalties.
Attorney Matt Fakhoury represents those charged with criminal damage to property throughout Cook County. Furthermore, Mr. Fakhoury’s experience as a prosecutor provides vast insight into the Cook County criminal court system and Illinois criminal law procedures.
If you have been charged with criminal damage to property, do not hesitate to contact the Law Offices of M. Fakhoury today. Time is of the essence in ensuring the best possible defense. We offer free consultations and flexible scheduling with offices in Skokie and Schaumburg: (847) 920-4540
Tuesday, March 12, 2013
A Chicago man found with a loaded gun in his car says felony weapons charges against him should be dropped because of a court ruling that tossed out Illinois' concealed carry ban.
Deafalla Haddad was charged with aggravated unlawful use of a weapon after he was pulled over for speeding in November in Schiller Park and informed the officer he was carrying a loaded gun in a waistband holster.
His attorney, Matt Fakhoury, said the case should be dismissed because the law Haddad broke was found to be unconstitutional and because his actions would be legal in any other state.
Click here to read more.
Sunday, March 10, 2013
Retail Theft, or Shoplifting, is a serious offense. Illinois law imposes harsh penalties on those caught stealing from a retail store. The typical case of retail theft involves a situation in which the defendant knowingly took an item or items from a store without paying. This is referred to as shoplifting.
The penalty for retail theft depends on the dollar amount of the goods that were taken. If the value of the items was under $300, the offense is a Class A misdemeanor. The possible sentence for a misdemeanor retail theft includes up to one year in jail and fines.
If the total value of the merchandise was greater than $300, then the offense can be charged as a felony. This type of felony includes a sentence of 2 to 5 years in prison and fines. This type of felony conviction cannot be expunged or sealed.
A individual arrested for this offense should expect to receive notices in the mail demanding payment for civil penalties. The law stipulates that the store can collect up to $1,000 in addition to the value of the goods taken.
All too often defendants believe that if they pay the penalty, the case will be dropped. However, this is not the case. If you have been charged with a retail theft in Illinois, call the Law Offices of M. Fakhoury for a free case review. Former prosecutor Matt Fakhoury has a proven track record in representing clients charged with retail theft throughout Cook County. Call us today at (847) 920-4540.
Sunday, February 24, 2013
Did you engage in what seemed to be a petty “bar fight” and now face criminal battery charges? How did a simple night out result in such chaos?
Battery occurs when there is bodily harm or provoking contact. Therefore, whether or not you touched the other person, if contact was made in some form, then it is considered a battery. While offensive contact may be considered battery (i.e., throwing a drink on another person), the most commonly indicted battery charge is often the result of a fight where there was punching, shoving, hair pulling, pushing, slapping, and the like. A minor shove, for example, could result in battery charges.
Depending on the victim’s injuries, a battery can be punished as a misdemeanor or felony offense. The possible sentence for a simple battery is up to one year in jail and a fine of $2,500. If the victim sustained more severe injuries, you will likely be charged with Aggravated Battery, a felony.
Former prosecutor Matt Fakhoury has extensive experience defending those charged with Aggravated Battery. To help avoid a felony conviction, prison sentence, and fines, call the Law Offices of M. Fakhoury today or visit us at ILDefense.com
Sunday, February 17, 2013
Standardized field sobriety tests are administered during a DUI investigation to assess your ability to think and act with ordinary care. What many people do not know is that these tests can be difficult even for people who have not consumed alcohol.
For example, many people have injured backs, legs, knees, or ankles that prevent them from balancing well or walking a straight line. In addition, age, weight, eyesight and general health can prevent a sober individual from passing the field sobriety tests. These are not excuses as a police officer may suggest. Rather, these are legitimate pieces of evidence that are relevant in a DUI trial.
As a client of The Law Offices of M. Fakhoury, your health, wellness, and medical history will all be used to help fight the case against you. Medical records and expert testimony can be used at trial to prove that you did not have a fair shake at performing the field sobriety tests.
Call the Law Offices of M. Fakhoury at 847-920-4540 or visit us at ILDefense.com to schedule a free consultation.
Sunday, February 3, 2013
Are you currently on misdemeanor or felony probation? If so, the terms of your probation specify that a violation may be filed against you for any perceived non-compliance by the court.
Petitions to violate your probation often occur in Cook County for one of the following reasons:
1. New Charges: Being arrested and charged with a new offense can be the basis to violate your probation.
2. Failure to Report: Not communicating or meeting with your probation officer can also be considered a violation.
3. Non-Compliance: Conditions of your sentence such as community service, SWAP, restitution, or drug/alcohol classes must be completed and failing to do so may be a violation.
At the Law Offices of M. Fakhoury, we routinely represent clients charged with violating the terms of their probation. With offices conveniently located in Skokie and Schaumburg, we are minutes away from almost any court house in Cook County and Chicago.
Call for a free consultation 847-920-4540 or visit us at ILDefense.com
Saturday, January 26, 2013
Several years ago, a speeding ticket was just that… a simple speeding ticket. However, over the last few years, Illinois has increased the punishment for excessive speeding by making the offense a misdemeanor.
Depending on how fast you drive, the most severe repercussion could be a year in the county jail and a $2500 fine. Although that punishment is reserved for the most egregious cases, police, prosecutors, and judges are taking speeding tickets very seriously. A conviction for aggravated speeding is considered a criminal offense that can concurrently affect your driving and criminal records.
Although this young man was creative in his defense for aggravated speeding, it was unsuccessful. Read the full article Here.
With offices off the Edens Expressway in Skokie, and I-90 and I-290 in Schaumburg, The Law Offices of Matt Fakhoury can conveniently serve your traffic needs. Visit us at ILDefense.com or XpungeChicago.com.
Sunday, January 20, 2013
You see it on television all the time…shows like Law & Order or Suits commonly use the defense of self defense to exonerate someone charged with a violent crime like battery, attempt murder, or discharge of a firearm. But does it work in real life?
The answer is YES! We as a society consider self defense as the justifiable use of force. As opposed to the “insanity” defense which is viewed as an excuse and not a justification for your actions, self defense is encouraged and protected under the law. The law is a reflection of our norms and morals and thus recognizes the importance of defending oneself. Illinois law, 720 ILCS 5/7-1, explains that the use of force is justified when an individual reasonably believes it is necessary to defend against imminent and unlawful force.
Contact the Law Offices of M. Fakhoury – A Chicago Criminal Defense Firm - for more information and for a free case review.
ILDefense.com or 847-920-4540
Sunday, January 13, 2013
People are cited for traffic violations every day in Chicago and Cook County. Most of the citations are for “petty” traffic violations and therefore many people believe an attorney is not necessary… That is of course until their license is suspended.
Unfortunately, the secretary of state’s office can and will suspend your license even for minor traffic violations such as speeding, failure to yield, driving without insurance, and improper lance usage if you have a history of traffic citations. Even if you don’t have a history of prior traffic offenses, your license may nevertheless be suspended if you have a commercial driver’s license also know as a CDL.
Whether your appearance is required at the Daley Center, Rolling Meadows, Skokie or one of the other court houses in Cook County, is it always advisable to bring an attorney with you in order to advocate on your behalf. Traffic tickets are much more serious than people realize and can have irreversible consequences on your license.
Matt Fakhoury, a former traffic prosecutor, will attempt to get your case dismissed or reduced to a lesser offense in order to prevent action by the secretary of state against your license. Visit ILDefense.com or call 847-920-4540 for a free consultation.
Sunday, January 6, 2013
A blind plea is a plea of guilty before a judge without a prior sentencing agreement between the defense attorney and the prosecutor. Because there is no agreement, you are unable to determine what the sentence will be and therefore “blind”.
In most cases, a blind plea is extremely risky because the sentence or punishment is completely in the judge’s discretion with no indication as to how he or she will rule. However, there are rare instances where a blind plea is appropriate.
If a case is currently charged as a misdemeanor, a blind plea may be in a client’s best interest to prevent the prosecutor from upgrading the charges to a felony. For example, if you are charged with misdemeanor Battery and believe the case may be upgraded to a Felony Aggravated Battery, a blind plea in misdemeanor court is a clever way of avoiding an otherwise harsh penalty. This same principle applies to DUI and Drug cases as well. For more information on Blind Pleas or for a Free Case Review, contact The Law Offices of M. Fakhoury.
The Law Offices of M. Fakhoury is a Chicago based criminal defense firm serving the Chicago Metro area as well as the suburbs and collar counties. ILDefense.com