Commonly Asked Questions About Criminal Defense
Facing a criminal charge is nerve-wracking for many people. You may think, “Maybe if I cooperate with the police they’ll let me go.” But it is important to keep your rights in mind. If you have been arrested or think you are under investigation, you probably have many questions. Mockaitis Law is here to provide answers.
This criminal defense FAQ provides general information relating to criminal law in Illinois. For help in your particular situation, consult with a dedicated, experienced defense attorney as soon as possible.
If I’m pulled over for driving drunk or on drugs, do I have to submit to testing?
Technically, no. However, under Illinois law, anyone who drives on public roads within the state are seen as having given “implied consent” to testing for drugs or alcohol. If you are suspected of drunk driving and refuse to take the Breathalyzer, your driver’s license will be suspended. If the test is related to an accident where someone was killed or injured, your license could be revoked if you refuse to submit to testing. For more information on DUI or drug crimes defense, call Mockaitis Law.
Should I talk to the police?
If you are facing potential criminal charges, the best thing you can do is get an attorney who can communicate with police for you. Your Constitutional rights protect you from being forced to make incriminating statements. Remember, anything you say to police can be used against you. If you have been arrested, ask to speak with an attorney right away.
Do I still need a lawyer if I plan to plead guilty?
Even if you are thinking of pleading guilty or feel the government’s case against you is too strong to overcome, you should still be represented by an attorney. An experienced criminal defense lawyer can help you protect your rights and fight for a reduced charge or penalty.
How is a misdemeanor different from a felony?
Generally, the difference is the potential jail time connected to a conviction. Felonies are punishable by imprisonment of a year or more. Punishment for a misdemeanor is only up to one year in jail.