Vehicular Hijacking in Chicago: Tips to Bring to Trial

Vehicular hijacking crimes are a Class 1 felony.

That’s right –there’s a chance that you will spend 4 to 15 years in jail while paying fines up to $25,000. Even worse, there is no opportunity for parole if convicted.

It may seem that vehicular hijacking is just another form of theft. You may ask yourself, “Why are these potential penalties so harsh?” In Chicago and Cook County, the process of vehicular hijacking may require force to remove individuals from their cars. As a result, vehicular hijacking includes the common factor of violence that makes it a Class 1 felony. With the steep penalties that come with a vehicular hijacking conviction, it is essential that you have aChicago vehicular hijacking charges defense attorney so that you can protect yourself.

There are many factors to consider when looking at your own particular case. Did you use force or fear to take the vehicle? Did you have any weapons on your person? Is there any solid evidence that links you to the crime (DNA, photos, etc.)? Did you return the car? In regards to using force or fear as well as weapons, threatening or implicitly threatening the safety of an individual could result in an aggravated vehicular hijackingcharge with a jail sentence of 6 to 30 years. On the other hand, if you returned the car, then your defense can claim that you never had the intention of permanently taking the car. With this, you could be charged for joyriding, which is a Class A misdemeanor. If these options are not for you, there is a defense in which you can argue for mistaken identity. If the prosecution cannot prove that you took the car in the first place, you may be able to walk away without a conviction.

As you can see, having a successful and experienced vehicular hijacking crimes defense attorney, such as David M. Smith, to use their skills to create strategies for your defense will enable you to leave your trial having the best possible outcome for your case.

Charged with a DUI in Chicago: What You Need to Know

You’ve been charged with a DUI – Driving while Under the Influence. You just made a mistake, and now you feel like there’s no way out. “How could this happen to me? What should I do?”, you think to yourself in a panic.

There are two things that you need in order to tackle a DUI in Chicago and elsewhere in Cook County: time and information. After a police officer determines that your blood-alcohol concentration is .08% or higher, your license will be immediately suspended. Although you will be given a receipt to continue driving, you have 45 days until your license is officially suspended. This is where time is a crucial factor. Immediately after receiving a DUI, you will need a top DUI attorney to file a petition to the Secretary of State to revoke the license suspension. Even if the petition is rejected, having an attorney file a petition will allow you to receive a Monitoring Device Driving Permit with an installed Breath Alcohol Ignition Interlocking Device after the first 30 days of your license suspension

The possible consequences of a first offense DUI conviction are:

  1. Minimum 1-year license suspension
  2. $2,500 in fees and penalties
  3. Up to 1 year in prison
  4. Drug and alcohol program
  5. Community Service

Although it is unlikely that you will serve jail time for a first offense, a license suspension and fees are enough to severely impact anyone’s life. In order to prevent a DUI conviction, information is key. A topChicago DUI attorney will look at your case to determine whether to bring your case to trial or negotiate a plea bargain. It is important to remember that there are other variables that can prevent your conviction in atrial such as contesting the breathalyzer test results.Attorneys such as David M. Smith; the finest DUI Attorney in Cook County, Chicago; will use their expertise to ensure that you receive every benefit as well as take the best course of action during your DUI trial.

Avoiding a Theft Conviction: Programs in Cook County That You Need to Know About

Whether committing theft stems from a sudden impulse or a desperate moment, the consequences of a theft conviction are as suffocating as having an albatross around your neck – the financial, social, and psychological burden can stay with you throughout your life.  The penalties that result from a theft conviction differ depending on whether the theft is considered a misdemeanor, which is stolen property valued at less than $300, or a felony charge, which can range from $300 to $10,000. In Cook County, Chicago, a variety of factors are taken into consideration when determining if the defendant is guilty or what type of penalties the defendant will receive from a conviction. With such complexities taking place during a theft case, it is essential to get a successful theft charges defense lawyer to provide the best possible outcome for you in the courtroom.

The key to preventing a theft conviction is to know the programs that are available for first-time offenders or minor crimes. In Cook County, the First Offender Program was enacted in 2013 where first-time offenders are placed in a probationary program instead of getting a conviction. In this respect, the theft charge will not appear on your record and thus will not prevent future employment opportunities. Similarly, the Deferred Prosecution Program gives first-time offenders of non-violent felonies the ability to avoid a conviction by participating in a twelve-month program where all requirements must be met to prevent a conviction. With these programs, however, there is an application process involved where you must receive a referral and pay fees in order to apply to the program. In this regard, it is important that you have an experiencedCook County,Chicagotheft charges defense lawyer to help navigate the complicated processes of applying and being accepted into these programs.

By finding the right theft charges defense lawyer, like David M. Smith, you’ll finally be able to release your albatross and leave the past where it belongs – behind you.

Accused of a Sex Offense? How to Protect Yourself in the Face of False Allegations in Chicago

False allegations in sexual offense cases have the potential to lead to irreversible consequences. In most cases, a sexual offense conviction forces the defendant to register as a sex offender.Even worse, a conviction of a sex crime in Cook County,Chicagocan lead to imprisonment for 6 to 30 years. Despite the overwhelming devastation inbeing accused of a sexual offense crime, knowing how to protect yourself in the face of false allegations is essential.

You may wonder “How do I prove my innocence? Should I talk directly to the accuser about this? What are the next steps I need to take?” In order to answer these important questions, finding an experienced and successful sex offense attorney can provide the answers and support you need to protect yourself. As a result, you’ll have an ally to navigate the complicated processes of a court trial.

Our legal system takes the time to investigate and gather concrete facts forsex crimecases. However, these investigations are time sensitive since important information that would aid your case could already be lost. What interactions have you had with the accuser and can you document them? I’m talking text messages, Facebook messages, and even emails. Do you know any witnesses that can attest to your innocence? Perhaps a co-worker will remember your appropriate behavior in the workplace. Also, the accuser will often begin building their case before the defendant is even aware of the sexual offense accusation. As a requirement tobuilding your own solid case, having an experienced Chicago sex offense attorney as soon as possible is vital.

With this, it is important to have sex offense attorneys like David M. Smith, who have encompassed both efficiency and effectiveness in building the best case for your trial. In the midst of turmoil in experiencing a sexualoffense accusation; finding the right representation will ensure that you walk away with your reputation, livelihood, and sense of ease restored.

How to Contest a Probation Violation in Chicago

First things first – don’t panic. Violating your probation doesn’t necessarily mean that you will be immediately thrown in jail. However, you do need to consider the potential penalties that you could receive if convicted. Keep in mind: the type of penalty you may receive will stem mainly from the severity of the probation violation. In Chicago and elsewhere in Cook County, if your violation was a lesser crime, the court may sentence less severe penalties such as community service or enroll you in a mandatory program. These programs will vary depending on the nature of your crime. Alternatively, if you have committed a felony, there is the possibility that you may be sentenced to spend the rest of your probationary period in jail. In any case, it is vital to have a knowledgeable and strategic probation violation charges attorney to help protect yourself duringtrial.

The processes that occur during a probation violation trial differ from the procedures at other types of trials that you may have experienced. The greatest difference is that the legal standard in which to prove guilt is drastically decreased. There is no “beyond a reasonable doubt,” but instead a “preponderance of evidence.” What this means is that if the judge determines that the likelihood of your probation violation is over fifty percent, you will be convicted. You will also be forced to testify against yourself without the protection of self-incrimination laws. Despite these difficulties, there are different ways in which an attorney can protect you in court.

Remember two terms: “willful” and “substantial.” These two terms need to be proven in order to result in a probation violation conviction. Is there evidence that indicates that you understood the nature of your probation violation and did nothing to prevent this violation? The prosecution needs to prove that you intentionally violated probation and that this violation impacts your probation. These are factors that an experienced attorney can skillfully refutein court. With this, your best weapon in a probation violation case is a seasoned Chicago probation violation charges defense attorney, like David M. Smith, to navigate the convoluted nature of probation violation trials.