Criminal defense is an area of law that requires extensive communication, an aggressive and relentless approach, and outstanding courtroom skill. When charged with a serious criminal offense, your and your family’s future is at risk. If you are convicted of a felony offense, you may spend years in prison, or in less serious misdemeanor charges, your criminal record will permanently show your conviction. This cannot only affect your future prospects in employment and education, but a record may even affect housing and financial opportunities, as well. If you are facing any type of criminal charges, you need a dedicated, professional Chicago criminal defense attorney from the Law Offices of Michael P. Schmiege who is ready to defend your rights.
It is certain that the prosecutor has evidence against you and has every intention of convicting you. In fact, your case is one of hundreds they deal with, and whether you are guilty of the crime or not, every effort will be made to get you convicted and sentenced to jail. Many prosecutors are on the fast track regarding their career and carefully watch their “conviction percentage” as part of their future launch into private practice. You are definitely “just another number” in the eyes of the prosecuting attorney. When dealing with this situation, you need to fight back and protect your constitutional rights with a skilled Chicago criminal defense lawyer who is equally powerful and determined.
In addition to reviewing the links listed above, you can visit our criminal defense blog for recent news and helpful tips regarding this important field. The Law Offices of Michael P. Schmiege also encourages you to schedule an in-person consultation or to discuss your case with one of our professionals over the phone. Nothing compares to having your specific questions answered and your concerns addressed by a skilled Chicago criminal defense attorney.
When you are facing criminal charges, fighting for your defense is a critical matter. Not all attorneys have the talent in the courtroom to present a compelling defense to the jury. It has been proven on countless high-profile cases that the skill of the defense team is of ultimate importance in any criminal trial. At the Law Offices of Michael P. Schmiege, the legal team is prepared to aggressively pursue all avenues of defense by seeking out any flaws in the case against you and exploit it in the fight for your freedom.
The ability to negotiate, plea bargain and litigate is the strong suit of the legal team at the firm, and no matter how serious the charge, you can be assured that all the tools in the arsenal of the defense team will be brought into play when defending your case, from DUI to serious felony charges like murder or rape. Your case will be a priority and you will be kept apprised of the progress of your case throughout the legal process. It is critical to get legal representation as soon as possible after the arrest to avoid the pitfalls that can result without a powerful legal defender at your side.
Contact a Chicago criminal defense attorney from the Law Offices of Michael P. Schmiege today.
"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."
"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!"
"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."
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
All police officers are required to comply with the U.S. Constitution, police procedures, and the law when making traffic stops. Failure to do so often means that a DUI charge should be dropped. Here are some common defenses criminal lawyers use for DUI charges in Illinois.
1. There was no reasonable suspicion to make a stop. Unless you were stopped a routine checkpoint that stopped vehicles in a lawful pattern (i.e., they stopped every third car, not just cars they wanted to stop), then an officer must have reasonable suspicion that a crime is or is about to be committed in order to pull you over. This includes minor traffic stops. Reasonable suspicion can come from an anonymous tip of unsafe driving, as long as the police officer personally verifies the erratic driving. An experienced criminal lawyer will be able to tell you if there was reasonable suspicion to make a stop.
2. No signs of intoxication. If there are no signs of intoxication once an officer pulls you over, then the officer cannot request that you take a Standardized Field Sobriety Test or that you submit to a breath test machine. In order to do so, the officer must have reasonable suspicion of intoxication. Reasonable suspicion of intoxication includes, but is not limited to, slurred speech, glassy eyes, the smell of alcohol, or admission of the use of drugs or alcohol by the driver.
3. Unlawful arrest. Sometimes, police officers pull a car over for a minor traffic infraction, such as a broken taillight, in the hopes of finding probable cause to arrest the driver for a driving under the influence offense. If the officer arrests you before such probable cause arises, then that arrest is unlawful. All evidence gathered after an unlawful arrest, such as evidence of intoxication, may be deemed inadmissible in court. It is not always clear when an arrest has occurred. A criminal attorney should review the facts of your case to determine if the police officer made an unlawful arrest.
4. Improperly scored Standardized Field Sobriety Tests. The National Highway Traffic Safety Administration recognizes that several mistakes that can occur while administering the SFST result in a failure of the test. These mistakes skew the results in favor of impairment and therefore cannot be relied upon to determine if someone committed a DUI offense.
5. An experienced attorney. Your best defense against a DUI charge is an experienced criminal attorney. There are many ins and outs of DUI defense. Each case is factually distinct and a good attorney will know how to best apply the facts of your case to the law in order to get you the best outcome possible. If you are charged with a DUI, the penalties can be severe. You should contact a skilled attorney as soon as possible to assist you with your defense.
Contact a DUI Defense Lawyer in Chicago
Contact criminal attorney Michael Schmiege today if you have been arrested for DUI in Illinois. Mr. Schmiege will provide an honest assessment of your case. Contact us today.
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.
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.
Our legal team takes pride in our impressive record in the defense of clients charged with even the most serious of criminal offenses. We will fully analyze the case, the evidence, all reports and statements and determine what strategy will be employed to fight for your freedom. We know how important the outcome of the case is and are prepared to aggressively defend our clients, no matter how hopeless the case may first appear. An aggressive and dedicated defense lawyer from our team can increase the possibility of a better outcome on any criminal charges. Act quickly, as a strong defense begins from the moment you are arrested.
Contact a Chicago criminal defense attorney from the Law Offices of Michael P. Schmiege for aggressive legal represenation in all types of criminal charges. Fill out our free case evaluation form today!
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.