Illinois Criminal Defense Blog

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.


Monday, August 6, 2012

Misdemeanors

A common misconception is that misdemeanor charges are minor or trivial cases.  People often believe that they are automatically expunged or cleared from your record when the case ends.  

The reality is that people are sentenced to supervision, probation and even jail on misdemeanor cases.  If such a sentence occurs, a misdemeanor can have lifelong consequences on your future and especially job prospects.  Even if your misdemeanor case is dismissed, the arrest is not automatically cleared and will show up on a background check.

That is why it is imperative to select a criminal defense attorney devoted to your case and with an eye towards your future.  Our office is devoted solely to the practice of criminal defense and we specialize in expungements and sealings.  We will create an individualized legal strategy tailored specifically to you and the ability to possibly clear your record. 

Have you been charged with a misdemeanor? Contact Matt Fakhoury for a free case review.


Saturday, July 28, 2012

CDL Drivers

Individuals who have a commercial drivers license (CDL) are held to higher standards by the Secretary of State and are therefore more likely to get their license suspended for simple traffic violations than other drivers.  When a CDL driver is ticketed for a moving violation, even a sentence of supervision can cause an increase in insurance rates and a driving suspension.  Most employers will subsequently terminate your employment if you cannot drive. When your livelihood depends on your ability to drive, it is vital to have an attorney help maintain your driving privileges. Contact Attorney Matt Fakhoury to discuss your options.


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