Illinois Criminal Defense Blog

Sunday, January 20, 2013

Self Defense: Justifiable Force - ILDefense.com Blog

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

Not Just a Ticket - ILDefense.com Blog

 

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

When and Why to use a Bind Plea – ILDefense.com Blog

 

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 
 


Sunday, December 30, 2012

DUI - What Can Be Used Against You – ILDefense.com Blog December 30, 2012

Statistically, other than Thanksgiving more people are arrested for DUI on New Year’s Eve than any other holiday.   In a city as large as Chicago, several law enforcement agencies will be patrolling the streets and highways looking for drunk drivers. 

If you are pulled over on suspicion of drunk driving, the investigation begins before you step foot out of your car. Police will pay close attention to the way you drove, your ability to speak and annunciate words, a possible odor of alcohol from your breath, and how long it takes you to retrieve you license from your wallet. Police will also ask if you were drinking in order to obtain evidence of your own admission of alcohol use.  
 
Once the officer asks you to step out of the vehicle to perform field sobriety tests, he is observing whether you use the car door for support to step or if you lean up against the side of your vehicle. The field sobriety tests are designed to assess your ability to think and act as a “regular” person would.  All that and more can be used against you later down the road at trial. 
 
If you are arrested for DUI, contact Matt Fakhoury, a former DUI prosecutor who can beat the police at their own game. ILDefense.com or 847-920-4540 

 


Sunday, December 16, 2012

Firm News and Notes - New Videos and Custom Content on ILDefense.com - December 16, 2012

The Law Offices of M. Fakhoury has several new informative videos and custom legal content posted on its website: ILDefense.com 

We also have a new YouTube channel with the rest of our video content.  Please browse our constantly evolving website and tell us what you think.  ILDefense.com

Matt Fakhoury is a criminal defense attorney who represents clients throughout Cook County with Felony, Misdemeanor, and DUI cases.  


Sunday, December 9, 2012

Consequences of a 2nd DUI - ILDefense.com Blog - December 9, 2012

Getting arrested for Driving Under the Influence of Alcohol is serious enough but if it’s your second DUI offense the consequences are even more severe.  As with every DUI case, there are two parallel concerns: (1) Your driver’s license and (2) The criminal case itself.  

 
As a second time offender, you could be subject to a 3 year suspension of your driver’s license regardless of what happens in the criminal case.  Although it may seem hard to believe, the Secretary of State will suspend your license even if the criminal case is dismissed or if you win at trial. 
 
The criminal case itself has punishments ranging from conditional discharge, probation, and even jail.  Depending on the circumstances of your case, you could also be assessed a large fine in addition to community service.  What’s even more damaging is the fact that your license will be revoked if you plead guilty or are found guilty at trial. 
 
Contact former prosecutor Matt Fakhoury for a free case review.  Matt Fakhoury is DUI Defense Lawyer that represents clients throughout Cook County.  847-920-4540

Sunday, December 2, 2012

Aggravated Unlawful Use of a Weapon: Not an Open and Shut Case - ILDefense.com Blog - December 2, 2012

 

One would naturally assume that the firing of a gun is necessary in order to be arrested for Aggravated Unlawful Use of a Weapon.  After all, the gun has to be “used” in the traditional sense of the term as the title of the offense indicates right? The reality is that a gun does not need to be used or fired in any way to be convicted of Aggravated Unlawful Use of a Weapon.  
 
Aggravated Unlawful Use of a Weapon makes the simple possession of a weapon a class 4 felony punishable by 1 to 3 years in the Illinois department of corrections.  
 
Under 720 ILCS 5/24-1.6, a person commits the offense when he knowingly carries a gun…
1- Not on his own property or 
2- While in public and 
3- The gun is immediately accessible or
4- The suspect does not have a FOID card
 
Although the police and prosecutor will have you believe this is an open and shut case requiring you to plead guilty, the truth of the matter is that there are several things an aggressive and experienced criminal defense attorney can do to fight the case.  
 
Issues relating to actual or constructive possession, the right of the police to stop and search you in the first place, and the placement of the weapon in the vehicle at the time of arrest are factors that can make or break the government’s case against you. 
 
Contact Attorney Matt Fakhoury for a free case review.  ILDefense.com or 847-920-4540
 

 


Sunday, November 25, 2012

Retail Theft: A Crime of Moral Turpitude - ILDefense.com Blog - November 25, 2012

Black Friday sales brought Christmas shoppers out in droves this past weekend to take advantage of great deals.  Retailers were prepared for shoppers and had their loss prevention departments on high alert.  Many retailers caught people red handed and pressed charges against them. 

Although most of these cases are misdemeanors, the offense of Retail Theft is considered a crime of Moral Turpitude that can have serious ramifications on your life. Moral Turpitude refers to conduct that is against society’s morals and implies a deceitfulness and lack of honesty as to one’s character. Potential employers, college admissions counselors, and even vocational licensing boards exclude those charged or convicted of a crime of Moral Turpitude. 
 
If you have been arrested for Retail Theft, it is imperative to resolve the case quickly and correctly by removing from your record.  Contact the Law Offices of M. Fakhoury for a case review at www.ILDefense.com 
 
 

Sunday, November 18, 2012

Tis the Season - ILDefense.com Blog - November 18, 2012

 

With black Friday around the corner, retailers around Chicago are preparing for a busy holiday season.  Many malls such as Woodfield mall in Schaumburg and Old Orchard mall in Skokie increase their security in order to prevent retail theft. 
 
The Law Offices of M. Fakhoury, a criminal defense firm, represents clients charged with theft, retail theft, forgery, and credit card fraud throughout the Chicago metro area.  Retailers who catch offenders committing crimes in their stores will prosecute in order to deter others from stealing. 
 
With retailers prosecuting to the full extent of the law, it’s imperative to have an attorney defend you to the full extent of the law.  A theft or retail theft charge can have lasting consequences if not resolved correctly.  
Contact Matt Fakhoury, a former prosecutor, for a free case review.
 
 

Saturday, November 10, 2012

We've Expanded - Welcome To Our Skokie Location - ILDefense.com Blog - November 10, 2012

The Law Offices of M. Fakhoury is a Chicago based criminal defense law firm that represents clients charged with Felony, Misdemeanor, DUI and Traffic offenses.  XpungeChicago is a Division of the firm that concentrates on Criminal Record Clearing.   We practice in Chicago as well as the suburbs including the Rolling Meadows and Skokie courthouses. 

Attorney Matt Fakhoury opened his first office in Schaumburg, IL just minutes away from the Rolling Meadows Courthouse where he was a former prosecutor.  In order to better serve clients, The Law Offices of M. Fakhoury has recently expanded to Skokie, IL – Just blocks away from the Skokie Courthouse.  The firm’s new location is on the corner of Skokie Blvd and Old Orchard road just off the Edens expressway.
 
Welcome to the Skokie Location of The Law Offices of M. Fakhoury. 
 

 


Sunday, November 4, 2012

DUI - License Suspensions: ILDefense.com Blog - November 4,2012

Being charged with Driving Under the Influence of Alcohol is a serious offense under Illinois law.  In addition to facing criminal DUI charges, your driver’s license will also be suspended. The length of the suspension will depend on whether you submitted to chemical testing and whether you have prior DUI based suspensions.  

Although the Secretary of State will seek to suspend your license, there are ways of removing the suspension by filing the appropriate documentation and having a hearing before a judge.
 
Matt Fakhoury, A Chicago DUI Lawyer and former DUI Prosecutor will fight your DUI cases and help you keep your license. 
Call for more information: 847-920-4540
 

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