The Law Offices of Andrew Nickel, LLC provide aggressive, hands-on representation for clients in Kendall, Kane, LaSalle, and DeKalb Counties. Consult with a top criminal lawyer Yorkville.
Criminal Lawyer Yorkville
Being charged with any crime is a serious matter and should be treated as such.
From felonies all the way down to traffic infractions, there is more at stake than one may realize. Aside from whatever penalties you may incur if you plead or are found guilty, even your arrest will appear on your criminal record and affect many other areas of your life.
It can have an enormous impact on your ability to find employment, your family, your housing, even your privilege to drive. It is essential you have an experienced felony attorney to represent you.
You have a Constitutional right to have the State prove you guilty beyond a reasonable doubt, which is a very high standard of proof. It is your choice to have either a judge or a jury of your peers decide if the State has met its burden.
Before your case even gets to trial, however, it may be possible to get some or all of the evidence against you thrown out or suppressed.
If the police violated your rights, the judge may order that the State cannot use evidence they discovered as a result of that violation. For example, if the office did not have a valid, legal reason to pull you over or detain you, anything that the police found or that you said after that point may be suppressed.
If the police interrogated you while in their custody without reading you your Miranda rights, any statements you made to them can be thrown out.
It is a common misconception that the police must read you your rights once the arrest you no matter what. In actuality, the police are only required to advise you of your right to remain silent and the other Miranda rights before they ask you any incriminating questions after you are placed into custody.
You can be considered to be “in custody” before you are arrested or placed in handcuffs, so it is very important that an attorney familiar with criminal review your case.
Criminal Lawyer Yorkville, IL – Aggressive DUI Defense
We aggressively defend our clients against the criminal charge of driving under the influence of alcohol itself, the “DUI.”
First and second time DUI offenses are usually Class A misdemeanors. There are several mandatory punishments if you are found guilty, so it is important you have an attorney like Andrew, experienced in DUI law. Any DUI offense may be upgraded to a felony depending upon the circumstances of the particular case.
Two or more prior DUI offenses, lack of a valid driver’s license or an accident involving serious bodily injury are common reasons a DUI is upgraded to a felony.
In evaluating your case, Andrew and Hope look at all evidence available, such as videos, police reports and breathalyzer results and log books to determine the best option in handling your case. If an evaluation of your case shows that the prosecution’s evidence is lacking, your case will be presented to a judge or jury as soon as possible in order to resolve the case.
If the evidence indicates a very low probability of success at trial, Andrew and Hope will work tirelessly to get you the best possible negotiated disposition with the prosecuting attorney.
Additionally, as with any criminal offense, if your rights were violated it may be possible to have certain evidence barred from trial, even the breath test.
Tough Felony Defense – Criminal Lawyer Yorkville
There are many classes of felonies. Each has a different maximum possible sentence in the Department of Corrections (DOC). All outcomes can be improved with the assistance of a criminal lawyer Yorkville.
Most felonies are probationable, however, meaning probation is a possible sentence and DOC time is not mandatory. In fact, there is a presumption that a person should be sentenced to probation unless there are aggravating circumstances, such as prior criminal history.
Class X felonies are not probationable and carry different maximum fines based on the specific offense. If a defendant is considered “extended term eligible” all of the maximum possible DOC terms double, i.e. a Class 4 becomes a maximum six years, a Class 3 becomes maximum ten years, etc. There are several reasons a defendant can be considered extended term eligible. The most common is that the defendant has prior felonies convictions the same Class or higher felony than the current charge.
Some common felonies in Illinois – Class of felony indicated in parenthesis.
Criminal Damage to Property (4);
Possession of a Controlled Substance (4)
Theft (Class depends on value of goods/services stolen);
Retail Theft – prior theft conviction (4);
Retail Theft – value over $300 (3);
Identity Theft;
Forgery (3);
Misuse of a Credit Card (Class depends on amount charged);
Aggravated Battery – serious injury, victim over 60, on the public way (3);
Aggravated Battery to a Peace Officer (2);
Unlawful Restraint
Burglary (2);
Residential Burglary (1, non-probationable); and
Home Invasion (X).
Contact our criminal lawyer Yorkville today for a free consultation.
Criminal Lawyer Yorkville, IL – Experience Matters
We provide experienced criminal defense in Yorkville and are not afraid to enter the courtroom. Each criminal lawyer Yorkville has multiple years of trial experience. There are many reasons to plead not guilty and set your case for trial whether you are guilty or not. Perhaps the best reason to hire an experienced attorney evaluate the facts of your case and the evidence against you. Below are some of the common reasons to go to trial:
- If you are innocent of the crime;
- If the State’s evidence is weak or important witnesses are not likely to appear in court;
- If you have a valid defense, like self-defense or necessity;
- If you have an alibi;
- If there is some other reason a jury may find you not guilty;
- If the State cannot prove you intended to commit the crime.
An additional consideration when choosing to go to trial is whether to have a jury trial or a bench trial, in which the judge decides if you are guilty or not. It is solely your decision which type of trial to have, but there are many strategic reasons to select one over the other. A criminal lawyer in Yorkville from the Law Offices of Andrew Nickel, LLC can help you arrive at your decision.
Fighting Misdemeanors – Criminal Lawyer Yorkville
There are three types of misdemeanors, each with their own maximum possible penalties:
- Class A: up to 1 year in the county jail and $2500 fine;
- Class B: up to 6 months in the county jail and $1500 fine; and
- Class C: up to 30 days in the county jail and $1500 fine.
It’s always advisable to contact a criminal lawyer Yorkville with significant trial experience when you’re facing a misdemeanor in Illinois.
Keep in mind that these are all maximum possible penalties. Most defendants in Yorkville, especially people with little or no criminal history will not receive a sentence even close to this. In most cases, offenders with minimal criminal history will not receive a jail sentence at all.
Our attorneys were both former prosecutors, learn more about their experience.
Although there many, many criminal offenses categorized as misdemeanors in the criminal code, below are some of the more common offenses with notes about specific sentencing provisions where applicable:
- Criminal Damage to Property (damage under $300);
- Criminal Trespass to Property;
- Telephone Harassment;
- Harassment by Electronic Communications;
- Theft (value less than $500);
- Retail Theft (value less than $300);
- Consumption or Possession of Alcohol by a Minor (driver’s license suspension);
- Unlawful Possession of Cannabis (under 30g);
- Unlawful Possession of Drug Paraphernalia (mandatory minimum $750 fine);
- Resisting a Peace Officer (court supervision is not a possible sentence);
- Obstructing Identification;
- Assault;
- Battery;
- Domestic Battery (court supervision is not an possible sentence);
- Endangering the Health of a Minor;
- Criminal Sexual Abuse; and
- Animal Cruelty.
Each city and locale provides a different experience for your court process and possessing the help of a criminal lawyer Yorkville who has practiced in mulitple counties is a great asset.
Pleading Guilty – Criminal Lawyer Yorkville, Illinois
If the evidence against you is overwhelming or you simply would rather try to resolve the case without a trial, pleading guilty is always an option. When you plead guilty, you can do so with a negotiated agreement with the prosecutor or by pleading guilty “blind” wherein the judge decides your sentence. Again, there are strategic reasons to plead guilty with or without an agreement.
Even when pleading guilty, working with a criminal lawyer Yorkville to mitigate the punishment can provide tangible benefits.
After you plead guilty or are found guilty after a trial your case will proceed to sentencing. There is a wide range of possible sentences in any given case. Some charges carry a mandatory minimum; all cases carry a maximum possible sentence.
Sentences of conditional discharge (CD) and probation are possible sentences on misdemeanors and felonies. The primary difference between a sentence of CD or probation versus supervision is that you will have a conviction on your record if you receive CD or probation. Additionally, unlike supervision, a term of your sentence could include time in the county jail. If you are sentenced to CD or probation the maximum amount of jail time you can receive is 180 days of “straight time” or 240 days of “work release.”
Straight time means that you will not be released from the jail until your term is completed. You will, however, receive day-for-day credit and therefore only serve one-half of your sentence unless you were convicted of an offense involving bodily harm , in which case you will serve the entire sentence. You will also not receive day-for-day credit if you are sentenced to work release.
Work release means you are released on workdays, so that you do not lose your job. You must provide proof of your employment schedule and are responsible for getting to and from work. Another alternative is weekends in jail where you report at a specific time on Friday and are released at a specific time on Sunday.
Some counties, like Kendall County, allow you to do your “weekends” in the middle of the week if your job requires you to work weekends.
The only real difference between conditional discharge and probation is that probation requires you to meet with a probation office as required. As a criminal lawyer Yorkville with experience as a former prosecutor in Kendall County, Andrew Nickel will help you understand these nuances every step of the way.
Court Supervision is a form of probation only available in misdemeanor cases, although there are few charges in which supervision is not an option, such as domestic battery and resisting a peace officer.
The benefit of court supervision is that once your period of supervision ends your case is dismissed. The period of supervision can be up to two years, but it is often less than that. Although the case is technically dismissed, saying so is misleading because the charge will remain on your criminal record.
The difference between supervision and other forms of probation is that you are not actually convicted of the crime and you may petition the court to expunge it from your record. For most offenses you must wait two years from the date your supervision ends to seek expungement.
If you are sentenced to court supervision, typically you must complete certain terms for it to be terminated satisfactorily. These terms commonly include paying a fine, completing community service work and/or seeking treatment for drug or alcohol abuse or anger management issues depending on the facts of your case. You cannot be sentenced to jail time. Possible sentencing terms are discussed in more detail below. Working with the prosecutor and judge to mitigate your sentence is part of what a good criminal lawyer Yorkville brings to the table.
In addition to your period of supervision, conditional discharge or probation, you may be sentenced to, among other things, any of the following:
- Fines and Costs;
- Community Service Work;
- Drug/Alcohol Evaluation;
- Anger Management Evaluation;
- Psychological Evaluation;
- No contact with victims;
- Random drug tests; and
- Counseling, etc.
You can only be sentenced to a term of incarceration in the Department of Corrections (DOC) if you are charged with a felony.