Warrants

Monday, October 3, 2016

What is Failure to Appear in Illinois?


In Illinois, failure to appear is a legal term used when someone doesn't show up for a criminal proceeding for which they’ve been summoned.

What Happens in Failure to Appear Cases in Chicago Courts?

Once you have missed an appointed court date, the judge in your case can issue a warrant for your arrest. In some cases (particularly if this is your first offense), your Chicago criminal defense lawyer may able to ask the judge to lift the warrant without forcing you to turn yourself in and spend time behind bars.

However, remember that you need to act quickly if you miss a court date.
Read more . . .


Friday, January 23, 2015

Want to Make a Bad Situation Worse? Run from the Cops.

Whether police suspect you of DUI, robbery or anything else, there’s one sure-fire way to make the situation worse: run from the cops.

They don’t look too kindly upon people that they have to chase, and neither do judges. That’s why it’s incredibly important that you contact a Chicago criminal defense lawyer who can help you deal with the situation.

Caught Fleeing: What Next?

People run from the police for a variety of reasons, and in many cases, it’s completely understandable. Maybe there was a warrant out for your arrest, or perhaps you had something illegal (such as drugs) on your person.

You’re likely to be charged with resisting arrest or obstructing a peace officer when you’re caught—and that’s in addition to the original offense.

What You Need to Know about Resisting Arrest

Resisting can include something as simple as pulling your hands away from the police officer who’s trying to detain you; refusal to put your hands behind your head or behind your back; or running and attempting to hide.

Resisting arrest is a Class A misdemeanor, which can result in a year in jail and fines of up to $2,500.

Illinois law says that you can be found guilty of a Class 4 felony if your resistance was “the proximate cause of an injury to a peace officer, firefighter, or correctional institution employee.” If that’s the case, you could spend up to 3 years behind bars and end up paying fines of up to $25,000.

What to Do if You’re Charged with Resisting Arrest in Cook, Lake or DuPage Counties

Remember, when you’re charged with resisting arrest, you still have to contend with why police wanted to arrest you in the first place.

There are many ways the prosecutor can approach your case if you’ve resisted arrest. Most people find it incredibly helpful to work with a former prosecutor so they’re covered from all angles. The most important thing is that you use your right to remain silent until you’ve gotten case-specific advice from your attorney; you don’t have to say anything to police or investigators other than, “I want to talk to a lawyer.”

 


Friday, October 17, 2014

Everything You Need to Know about Police Searches in Chicago

Illinois law can be pretty confusing when it comes to police searches. When are they allowed to search your home, your car or your other property? When can police search you? Can you refuse?

People often ask their criminal defense lawyers these questions, but usually they ask after it’s already happened. It’s a good idea to know when and what police are allowed to search before it happens.

When it’s Legal for Chicago Police to Search

There are times when police are legally allowed to search you or your property, including:

  • After you’re arrested. Police have to search you when they arrest you for their own safety. They’re making sure that you’re not carrying any weapons. If they find drugs or other things you shouldn’t have, those things can be used against you in court.
  • When they see something illegal in plain sight. If you’re pulled over and you have a marijuana roach in your cup holder, stolen property spilling out of your trunk or an illegal weapon sitting on your back seat, the police have the law on their side when it comes to searching your vehicle.
  • When they’re reasonably certain that you’re involved in the commission of a crime. If you speed away from a bank that’s just been robbed by someone matching your description, police may legally be able to search your vehicle.
  • When they have a warrant. If a judge feels that it’s necessary to search you or your property, he or she will issue a warrant. With that warrant, police have the legal right to search.
  • When you consent. If police say, “Do you mind if I have a look around?” they’re asking for your consent to search. When you say yes, you’ve given it. It’s the same if they say, “Would you mind popping your trunk for me?”
  • When it’s absolutely necessary. Police can search people or property if they feel it’s necessary to prevent immediate danger to life or to stop the destruction of evidence.

Keep in mind, though, that each of these types of searches has to follow the letter of the law. If you think you were illegally searched, or that your property was, talk to your Chicago criminal defense lawyer so he can examine your case.

When it’s Illegal for Chicago Police to Search

The Fourth Amendment to the Constitution guarantees that you’re safe from illegal searches. For that reason, police can’t just stop you and frisk you when you’re walking out of Starbucks. They can’t kick down your door and dump your underwear drawer searching for something that you may or may not have.

If a police officer asks if you’ll consent to a search, whether it’s of your person, your vehicle or your property, you don’t have to say yes. You have the right to demand that he or she produce a warrant. That is your constitutional right.

If you believe you’ve been searched illegally, make sure you call a Chicago criminal defense lawyer immediately. There may be a way your attorney can protect your rights if police have violated them.


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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