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"We can help you defend your rights." -M. Schmiege

EXPERIENCED and AGGRESSIVE COOK COUNTY DEFENSE ATTORNEY

experienced Criminal defense in the greater chicago area

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.

Tell your story
We value your side the story and will help you navigate the Illinois criminal justice system.

Available 24/7
We are available around your schedule to lend help when you need it most.

Award Winning
Michael Schmiege is a nationally recognized Chicago criminal defense attorney who wins.

Unparalleled defense
We fight vigorously for your rights to achieve the best possible outcome for you.

best felony defense lawyer in chicaco

What our clients say about our criminal defense legal services

We appreciate the opportunity to help you get the benefits you deserve

best criminal defense lawyer chicago

Michael Schmiege represented me on my Theft charge and I was found not guilty!

"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."

A.F.
best criminal defense lawyer chicago

Never over-promises, but definitely delivered more than we had hoped for.

"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!"

C. Underwood
best criminal defense lawyer chicago

He understood that I made a mistake but it didn’t define who I was...

"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."

M. Peterson

WHAT SEPARATES US FROM OTHER CHICAGO CRIMINAL DEFENSE FIRMS?

We Are a Highly recommended chicago criminal defense law firm

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.

We are the best criminal defense attorney in chicago for your case

when your freedom, reputation, and future are at stake contact us

Our criminal defense practice areas

contact our attorneys with any questions you may Have. We can defend most any criminal charges in the chicago area.

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Recent criminal defense case results

when your freedom, reputation, and future are at stake contact us

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criminal defense Frequently Asked Questions (FAq)

contact our attorneys with any additional criminal case questions you may Have.

How Can I Find Out If I Have a Warrant?

Do You Have a Warrant Out?

Just because a warrant is issued for you does not mean that the police will immediately come seek you out. It is possible there is a warrant for your arrest even if no one has notified you of it yet. A criminal lawyer can help determine if you have a warrant for your arrest.

There are two types of warrants that allow government officials to take you into custody: a bench warrant and an arrest warrant.

(1) A bench warrant is typically issued because you failed to comply with a judge’s order, such as that to appear at a hearing or to comply with probation conditions.

(2) An arrest warrant is a warrant issued by a judge or magistrate upon a sworn statement that there is probable cause that a) a crime occurred, and b) the person to be arrested committed the crime. It does not matter if the crime is a misdemeanor or felony.

After the judge or magistrate issues the warrant, the police may seek you out and arrest you or arrest you if they happen upon you unintentionally. Alternatively, if you know you have a warrant out for your arrest, you can turn yourself in. This is advantageous for many reasons. For example, you do not have to worry about being arrested in an embarrassing situation, such as in front of your family or coworkers, or out in public. Also, you can plan to have bail money ready so that you have a better shot at getting out of jail soon after you are arrested. Importantly, turning yourself in shows a willingness to cooperate with the authorities that, rightly or wrongly, tends to indicate innocence to the judge and police. It is recommended that you turn yourself in with a criminal attorney to guarantee that your rights are protected.

Finding Out About the Warrant

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

If you or a loved one believe that they may have a warrant for their arrest it is important that you contact an experienced criminal lawyer as soon as possible. Contact criminal attorney Michael Schmiege for a free consultation.

Why do I need a criminal defense attorney?

Should you choose to represent yourself or use a public defender, you may be writing your own conviction and sentence.

Do I Need a Criminal Defense Attorney?

Do I Need a Criminal Defense Attorney?

A good rule of thumb is: If you think you might need a criminal defense attorney, you probably do. It is not worth risking fines, marks on your record, or incarceration because you choose not to hire an attorney.

Being charged with a crime can be a terrifying experience. There are many different statutes and laws designed to define and set punishments for criminal conduct. You might commit a crime without even realizing it. You may think you are committing a minor crime but then find yourself facing severe penalties. The criminal justice system is a harsh and complicated beast. It is almost always in your best interest to at least consult a criminal attorney if you find yourself in any criminal trouble, including trouble with traffic violations.

Protect Your Rights

If you are ever taken into custody, you should immediately ask for your criminal lawyer. You do not have to answer any questions asked of you by the police. They will try to convince you that it is in your best interest to answer their questions, or that they are on “your side.” This is almost never the case. You should ask for a lawyer as soon as they read you your Miranda rights or as soon as you believe you are not free to go. Once you ask for a criminal lawyer, the government officials holding you in custody must cease asking you questions. Do not initiate conversation with them again until you have your lawyer present. The government officials holding you are obligated to provide you with a public defender if you cannot afford an attorney.

A criminal defense attorney will understand much better than you the implications of your charges, how the facts of your case help or hurt your chances of being found not guilty, and what questions you should or should not answer. You have the right against self-incrimination. While this seems basic and simple enough, it is almost impossible for a layperson to understand what statements can be incriminating. Something that seems neutral to you, or something that seems like it could help exonerate you, can be used by the police and prosecution against you. Additionally, an experienced criminal defense attorney will have a good working relationship with the opposing side. If the prosecution has respect for your attorney, you are much more likely to end up with a favorable deal or dismissal.

The fact of the matter is that, even though the saying is “innocent until proven guilty,” once you are arrested, the police, prosecution and even judge are likely to presume you are guilty. This is an unfair, harsh reality. With an experienced criminal defense attorney fighting for you, you are much more likely to overcome these unfair biases. Further, a criminal defense attorney has seen and done this all before. Your criminal attorney can be a reassuring source of comfort during a very stressful time.

Contact a Criminal Defense Lawyer Today

Contact criminal lawyer Michael Schmiege for a free consultation. Mr. Schmiege handles criminal matters throughout the Chicago area and the United States.

What are Common Defenses Used in Criminal Trials?

Chicago Criminal Defense Lawyer

In order to be convicted of a crime, the prosecutor must prove beyond a reasonable doubt that the defendant met each element of the alleged offense. There are defenses that the criminal defense attorney can use that may cast doubt upon the prosecution’s case against the defendant. This is vital. If the finder of fact has any reasonable doubt that the defendant committed the crime, then the fact-finder (judge or jury) must find the defendant not guilty. If these defenses are presented to the prosecution prior to trial, then the prosecution may realize the weaknesses in the case and may dismiss the charges. The following are common general defense options used in criminal cases and trials by criminal defense lawyers.

1. Alibi – When supported by sufficient evidence, this defense is often successful. This criminal defense strategy attempts to prove that you were not in the place of the crime at the time of the crime. This is usually backed up by witness testimony or other documentation, such as a credit card receipt at a gas station in Alaska on the day a crime was committed in Chicago.

2. Self Defense – This defense can be employed in cases of violent crimes like assault or homicide. To employ this defense, the defendant must admit that they committed the violent act in question. Then, the defendant must attempt to justify his or her actions by claiming that the complaining witness was threatening him or her and therefore the defendant acted without premeditation or criminal motive, and that he or she only acted to protect his or her own safety.

3. Insanity Defense – The insanity defense is a complicated but sometimes highly effective defense against criminal liability. If you are going to use this defense it is extremely important that you have a qualified criminal defense attorney representing you. In Illinois, you cannot be committed of a crime if at the time of the crime you lacked substantial capacity to appreciate the criminality of your conduct. However, if you are acquitted of a crime because you are found not guilty by reason of insanity, you may end up spending more time in a mental hospital than you would have spent in jail or prison had you been found guilty.

4. Entrapment – The law does not allow government actors to persuade citizens to commit crimes that they were otherwise not planning on committing. However, if the government provides an opportunity for criminal activity and arrest those who willingly participate in it, that is not considered entrapment. A skilled criminal attorney will know when an entrapment defense is appropriate.

5. Statute of limitations – The government must bring charges against a criminal defendant within a certain period of time after the commission of the crime. If the government fails to bring charges within the period of statute of limitations, then they effectively forfeited their ability to prosecute anyone for the crime, whether that person is guilty or not. Some crimes, especially violent crimes, do not have a statute of limitations. For other crimes, the statute of limitations varies by crime and state. Your criminal attorney will know the statute of limitations for the crime you are charged with.

Call Us Today

If you have been charged with a crime in Chicago it is important that you contact an experienced criminal attorney to aggressively defend your case. Contact our office today for a free consultation.

What is the Right to a Speedy Trial?

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.

Contact The Law Office of Michael P. Schmiege

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

Contact criminal defense lawyer Michael Schmiege today for a free consultation if you or a loved one has been arrested or accused of a crime.

Read the full FAQ here:
What is the Right to a Speedy Trial?
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