Are you facing criminal charges in the Chicago area? At the Law Offices of Michael P. Schmiege, our founding attorney has years of experience in protecting the rights of people who have been accused of DUI, drug crimes, violent crimes, theft, white collar crimes, arson, armed robbery, criminal appeals, sex crimes, and more.
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We value your side the story and will help you navigate the Illinois criminal justice system.
We are available around your schedule to lend help when you need it most.
Michael Schmiege is a nationally recognized Chicago criminal defense attorney who wins.
We fight vigorously for your rights to achieve the best possible outcome for you.
"Mr. Schmiege is well respected by the court because he is a very honest man. He was very kind and respectful to me. His fees were reasonable. His office is very easy to find, and his staff is very helpful."
"Michael Schmiege is an excellent attorney. He is honest, diligent and gets great results. If you find yourself in need of a lawyer, he is great at what he does. Never over-promises, but definitely delivered more than we had hoped for. His team will help you all the way. Answers all your questions promptly and clearly states what to expect. I highly recommend Michael and his team. They CAN and will help!"
"I am so appreciative of the help and support that I received from Michael and his team members! They truly helped me figure out my case and I got outstanding results. If anyone can help you get great results, it’s Michael. I had an immigration issue as well and he worked with my immigration lawyer to help find the best solution. He understood that I made a mistake but it didn’t define who I was. I definitely don’t want to go through any of this again but I’m glad that I had the support to get through this."
Experience. 10+ years of experience fighting criminal charges on behalf of the accused.
Integrity. We are honest and upfront with you to ensure you understand our defense strategy.
Passion. You deserve our unwavering commitment to defend your rights.
Vision. We believe in the value of a powerful legal advocate.
Dedication. We care about your rights and are available 24/7 to answer your questions.
Success. We aim to deliver the best possible outcomes for every client, every time.
NOT GUILTY – Possession of a Controlled Substance w/ Intent to Deliver
Driving Under the Influence of Alcohol – NOT GUILTY
The U.S. Constitution includes in the Bill of Rights the right to a speedy trial. The Sixth Amendment states in part: “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed…”
The purpose of this amendment is to ensure that there is no unnecessary or unreasonable delay between arrest and trial. It is not the point of our justice system to hold arrestees who have not yet been tried indefinitely. That is contrary to the principle that criminal defendants are innocent until proven guilty. If there is a violation of your Sixth Amendment right to a speedy trial, that is cause to dismiss your criminal case with prejudice. When the court dismisses a case with prejudice, that means you cannot be re-charged for the same crime and made to go to trial again. An experienced criminal lawyer can explain this to you in greater detail.
Speedy Trial History
In the 1970’s, the Supreme Court of the United States decided that whether or not a criminal defendant has been denied his or her right to a speedy trial is subject to a case-by-case analysis. What that means is there is no set rule to determine if someone’s Sixth Amendment right to a trial by jury has been violated. Instead, the court must look at the unique factors in each case to determine if there has been such a violation. In order to determine if there has been a violation, the court has to apply a four-part balancing test. If, after applying the test, the court finds that the delay unfairly prejudiced the defendant, then there is a violation of the Sixth Amendment. The court will weigh the following four factors in determining if there was a violation:
(1) The length of the delay;
(2) The reason for the delay;
(3) When and how the defendant has asserted his or her Sixth Amendment right;
(4) How much prejudice is caused by the delay.
The Supreme Court has found that a 7-month delay due to the illness of the chief investigating officer, while long, is justifiable. A five-year period between the arrest and trial was considered “extraordinary.” A crowded docket with many criminal cases to try is not a sufficiently good reason for excessive delay. If you believe that your right to a speedy trial has been violated then contact a criminal lawyer immediately.
It is possible, and sometimes advisable, to waive your right to a speedy trial. Your experienced criminal defense attorney will know when waiving your right to a speedy trial is the prudent choice.
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However, in order to turn yourself in you have to know that there is a warrant out for you. If you are suspicious that there may be a warrant in a particular city or county, you can go to that city or county’s courthouse. However, there is no guarantee that it will be there. Additionally, you can search a clerk of court’s website
A more effective method of searching for a warrant is to conduct a background search on yourself. There are many websites that allow you to do this for a small fee. These websites will provide you with your criminal record, also called your “rap sheet.” It should include past, present and pending local, state and federal charges. These are the same websites used by employers and landlords when they are considering hiring candidates or leasing to tenants. Simply Google “criminal background check” and choose the company you like best to conduct your background check.
Even if you don’t think you have a criminal record, it is never a bad idea to conduct a period background check on yourself. Sadly, it is not uncommon to find mistakes. It’s possible that you share a name with a criminal. If you find a mistake on your record, contact a criminal attorney to discuss your options for having the mistake rectified.
Call Us If You Have Questions
Any accusation of criminal activity is a dangerous matter and requires the assistance of a skilled Chicago criminal defense attorney. Even a first DUI offense if you are convicted can affect your future employment and result in a suspended license and costly fines. When the crime is more serious, such as a felony offense, you are in serious legal trouble and must act quickly. It is true that you must stay silent after being arrested for any serious criminal offense. Many individuals have damaged their own cases by making comments or statements that are later used as evidence against them in court. Your first step after the arrest should be to contact our firm and get legal counsel to protect you.
Even in cases in which the individual is completely innocent, if you have been arrested this indicates that the prosecutor considers there is enough evidence to get a conviction. Unfortunately, you will be forced to prove your innocence in court. The attorney you select to represent you has an important impact on the outcome of the case. Contact our firm at once to initiate the defense actions that must take place when the client is innocent of the charge.
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Yes. Circumstantial evidence is enough to convict someone at trial. The standard for finding someone guilty in a criminal trial is “proof beyond a reasonable doubt.” This standard can be met using either direct evidence or circumstantial evidence. An experienced criminal attorney can explain this more indepth.
Direct evidence is evidence that, if believed by the fact-finder, proves the existence of a certain fact without needing any inference or “connecting the dots.” For example, if Susan sees Mary put a diamond ring into her purse and then walk out of the store without paying for the ring, then Susan’s testimony would be direct evidence that Mary committed a theft.
Circumstantial evidence is also known as indirect evidence. Circumstantial evidence involves the connections of a series of facts that, when examined together using reason and experience, can lead one to infer a certain conclusion. For example, say that Susan, a jewelry store employee, knew that Mary had very little money and loved diamond rings. One day, Susan and Mary were alone in the jewelry store, where a diamond ring lay on a table. Susan leaves the room briefly and when she returns, Mary and the diamond ring are gone. One can reasonably infer from that set of facts that Mary stole the diamond ring. There are alternative explanations, though, because Susan did not witness the alleged theft. A criminal attorney will be able to develop a strong defense to a circumstantial evidence case.
It is not difficult to imagine a scenario in which circumstantial evidence is all that is needed to prove guilt beyond a reasonable doubt. For example, imagine Jane sees Tom go into an empty house with Jim. Then, Jane hears screams and shortly thereafter sees Tom run from the house covered in blood and carrying a knife that is later proved to be the weapon used to stab Jim to death. We have to infer from the facts presented what happened. The facts are: 1) Tom and Jim go into a house together; 2) the house was empty before Tom and Jim entered it; 3) someone screamed; 4) Jim was stabbed to death; and, 5) Tom was seen running from the home covered in blood and carrying the murder weapon. We can fill in the dots, so to speak, to believe that Tom stabbed Jim. However, Jane did not actually see Tom stab Jim, so there is no direct evidence.
Clearly, direct evidence makes it easier to prove guilt beyond a reasonable doubt. However, a prosecutor can still convince a jury using only circumstantial evidence that a defendant committed the crime beyond a reasonable doubt. An experienced criminal lawyer will be able to win a case where there is direct or circumstantial evidence. The important questions to ask is: What is the evidence? Are there reasonable ways to interpret the evidence that lead to a conclusion other than the defendant committed the crime? Each judge and jury is different. What may be persuasive to one jury falls short of persuading another. That is why it is important to have an experienced and skilled criminal attorney defending you at trial, no matter how circumstantial the evidence may be.
Are You Accused of a Crime?
Criminal Defense Attorney Michael Schmiege is experienced in defending criminal cases in Chicago and throughout the United States. If you or a loved one has been accused of a crime it is important that you contact an experienced criminal defense lawyer today. Call our office for a free consultation.
This largely depends on the crimes you have been charged with and if you have a previous record of criminal convictions. Illinois is not entirely lenient, even when it comes to misdemeanors. Offenses such as possession of marijuana less than 30 grams or driving under the influence could still land you with up to $2,500 in fines and jail time up to one year. More severe felonies could result in a lifetime of prison and up to $1 million in fines for some crimes.