Illinois Criminal Defense Blog

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
 

Sunday, October 28, 2012

Retail Theft - Feeding the Habit: ILDefense Blog, October 28, 2012

 

The first question that is usually asked after a retail theft has been committed is “what was stolen?”.  If you are charged with retail theft, the question that should be asked is if you are suffering from a substance abuse problem. 
 
This question is critical because it could provide a way of not only addressing an addiction, but also a way of avoiding jail.  At the Law Offices of M. Fakhoury we recognize that offenses such as Retail Theft, Burglary, and even Robbery are crimes that are committed in order to feed a drug habit. 
 
Unfortunately, people addicted to drugs or alcohol commit theft related offenses to covert stolen merchandise into cash to feed their addition.  The way to address this from both an individual and societal perspective is not to lock up the offender and throw away the key.  Rather, the Law Offices of M. Fakhoury we will explore other options to keep you out of custody. 
 
Matt Fakhoury, a Chicago Retail Theft Attorney has kept several Retail Theft clients out of jail by getting the Judge to approve substance abuse treatment programs monitored by the court in lieu of incarceration.  These programs get to the heart of the issue and benefit not only the individual facing charges, but also society at large. 
 
If you have been charged with Retail Theft, Contact Attorney Matt Fakhoury for a free case consultation.
 
 

 


Sunday, October 21, 2012

Assault - Words Alone Don't Cut it: October 21, 2012 Criminal Defense Blog - Law Offices Of M. Fakhoury

 

Assault is defined as engaging in conduct which places another person in “reasonable apprehension of receiving a battery.” “Conduct” is the most important word in the definition of assault because it implies that words alone do not constitute an Assault.  The words have to be coupled with action in order for an assault to occur. 
 
For example, making a fist and chasing after someone while yelling “I’m going to kill you” is an Assault.  But standing 30 feet away from someone and simply saying “I’m going to kill you” without any other action is not an assault. 
Police routinely arrest people for assault even if one truly did not occur. That is why it is vital to hire an attorney who understands the law and can convince a judge or jury that you are Not Guilty of assault. 
 
Contact The Law Offices of M. Fakhoury – A Chicago Criminal Defense Firm for a Free Consultation.
 

 


Saturday, October 13, 2012

DUI Tests - Your Right to Refuse

The law indicates that a person is under the influence of alcohol when he/she cannot think and act with ordinary care.  Police officers determine whether you are thinking and acting with ordinary care by observing the way you drive, talk, and act.  But the most obvious way police make that determination is by administering field sobriety tests.  In addition, to obtain further evidence against you, police will ask you to submit to a breath test to determine your blood alcohol level.  

 
Were you aware that you can refuse both the field sobriety tests and breathalyzer machine? By refusing to participate in testing, you are increasing the likelihood of a successful outcome at trial. The only thing left to do is to get a DUI trial lawyer to take your case to trial – Contact the Law Offices of M. Fakhoury for more information.  
 


Sunday, October 7, 2012

New Expungement and Sealing Blog

XpungeChicago is a Division of the Law Offices of M. Fakhoury that is solely devoted to the clearing of criminal records.  Clearing your criminal record is more important than ever in today's day and age.  XpuncheChicago has expunged or sealed records for clients in Cook County (Chicago, Skokie, Rolling Meadows, Maywood, Bridgeview, Markham), and even Lake and DuPage County. 

XpungeChicago has recently created a new Blog that will provide tips and new information concerning expungements and sealings in Illinois.  For more information on how to clear your criminal record, visit XpungeChicago.com

Xpunge Your Past, Xpand Your Future. 


Sunday, September 30, 2012

Take it to Trial!

Certain cases Must go to trial.  An aggressive and experienced criminal defense attorney is vital in such a case.  If you previously plead guilty to a DUI and were then charged again for a second DUI, you may need to take your case to trial. 

The problem with not going to trial and taking a deal from the prosecutor in such a case is that it will most likely result in the revocation of your license.  Unlike a suspension for DUI, a revocation is permanent and can have irreversible consequences on your driver’s license with the Secretary of State’s Office.  Thus pleading guilty would do you no good. 

A finding of not guilty by a Judge or Jury would not only provide vindication as to the charge DUI, but will also prevent your license from being revoked.  The Law Offices of M. Fakhoury take cases to trial. We pride ourselves on being aggressive and fighting for our clients before a Judge or Jury. 

 
Call now for a free consultation. 


Monday, September 24, 2012

Aggravated Battery to a Merchant

 

A person commits a misdemeanor battery when he intentionally or knowingly causes harm to another individual (See 720 ILCS 5/12-3).  However, the law identifies several classes of people who are considered “special” and thus deserving of protection under the law.  Therefore, if what otherwise would be a misdemeanor battery is committed against a person in this class, the charge is raised to Felony Aggravated Battery.

An example of this occurs in the commission of a Retail Theft. If a person, in the course of committing a Retail Theft, also commits a battery to a loss prevention employee or agent of the store, Aggravated Battery will be charged.  This essentially elevates a simple misdemeanor case to a Felony with the possibility of prison.

The Law Offices of M. Fakhoury handles Retail Theft, Battery, and Aggravated Battery cases.  Call us now for a free consultation. 


Sunday, September 16, 2012

Sex Crimes

 

Sex-related crimes are some of the most serious charges under the law and require some of the harshest penalties.  Sex offenses include but are not limited to Criminal Sexual Assault (Rape), Criminal Sexual Abuse, and even Indecent Exposure.

There are many things your attorney should consider if you are charged with a “Sex offense” such as the following:

·       Were there any witnesses to the alleged offense?

·       What did the victim do before and after the rape?

·       Who was the outcry to?

·       When was the outcry made?

·       Was DNA testing done?

·       Were drugs and/or alcohol involved?

These considerations and more must be explored by your attorney when facing such a severe charge. The Law Offices of M. Fakhoury will conduct a thorough investigation and get the answers to all the important questions in order to help your case at trial. Contact us now for a Free Consultation. 


Sunday, September 9, 2012

Don't Be Fooled

 

When a police officer knocks on your door and asks to speak to you, it is almost never a good situation.  In many instances, an officer is requesting to speak to you because you are a suspect to a crime.  The purpose of the conversation is simple: The police want a confession. 

Most people are aware that they have the right to remain silent and are entitled to an attorney during questioning.  However, they are often too scared to request an attorney or feel that if they do, the police officer won’t be as lenient as he promises to be.  Clients constantly tell us, “the officer said he would tell the judge to take it easy on us because we cooperated.” 

The truth of the matter is the police will attempt to manipulate you in order to get the single best piece of evidence they can use in court – A Confession!

If a police officer is attempting to contact you it is always better to have an attorney represent you from the get go. At the Law Offices of M. Fakhoury, we proactively defend clients before they are arrested or even questioned by law enforcement to ensure their rights are protected.


Sunday, September 2, 2012

Independent Investigation

Police and prosecutors conduct detailed investigations when one is charged with a serious crime. But should the defendant or his attorney always rely on the investigation conducted by the government?  The answer is NO!!!  Police and prosecutors have one thing in mind when conducting a criminal investigation:   To Charge Their Suspect.  Thus if they believe someone committed an offense, they will look for inculpatory evidence to support their theory.  All too often, the investigation conducted by the police is flawed and full of exculpatory evidence: Eye Witnesses that were never interviewed, Solid Alibis, and Contaminated Forensic Evidence.

It is imperative to hire a firm with the ability to conduct its own investigation – free and clear of government influence and pressure.  The Law Offices of M. Fakhoury recently conducted its own independent investigation for a client charged with Attempted Murder.  After a thorough investigation by Matt Fakhoury and his staff, new witnesses and evidence were brought to the attention of prosecutors allowing for a dismissal of the Attempted Murder charges.   

Are you charged with a serious felony?  Contact the Law Offices of M. Fakhoury for an independent investigation of the case.


Monday, August 20, 2012

Warrants

There are several different categories of warrants that are exercised by the court.  The most common warrant is often referred to as a bench warrant.  Bench warrants are issued when a defendant has failed to appear in court.  The police can arrest you at any time, without warning, and bring you to court to answer for your previous absence.  Is there a warrant out for your arrest?  Contact The Law Offices of Matt Fakhoury for a free consultation to clear up the warrant hanging over your head.


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