Best Criminal Defense Attorneys in Elgin

FAQs

• What is the non-emergency contact number for the local police station in Elgin, Illinois?

  To reach the Elgin Police Department, call (847) 289-2700.

• Where can I get a copy of police reports for incidents related to my case in Elgin, Illinois?

  To obtain a police report from the Elgin Police Department, click the link below:

  https://www.cityofelgin.org/index.aspx?NID=1569

• Can you be charged with tax fraud by the IRS for an honest mistake in Elgin?

  Yes, you can. The IRS is only working with the data presented to them, and if there was an honest mistake on your part, you would be wise to find the aid of an attorney who can prove that you were not intentionally trying to mislead the agency. When all is well, you may only have to pay a small penalty fee and be asked to pay what you should have paid.

• How much is it going to cost to hire a criminal defense attorney in Elgin?

  It depends on a number of factors, but it would be good to know that most of the criminal defense attorneys in Elgin charge by the hour. Depending on the attorney's track record and skills, you may be charged anywhere from $100 to $1000 per hour. It may be expensive, but having your freedom and future on the line may be well worth it in the end.

• Can you be charged with assault and battery in Elgin if you were in a verbal altercation with someone?

  Not quite. Elgin follows Illinois law where assault and battery are two entirely separate crimes. If the fight happened completely verbally, then it may fall under assault alone. However, this gets elevated to the status of aggravated assault if a deadly weapon was involved or the victim was a particularly vulnerable person, such as an old person, or a police officer.

• Can a criminal defense attorney in Elgin help you with getting your license back after a DUI charge?

  Yes, though the attorney can only get the process started and help you prepare, it will still be up to you to do a good job. The attorney you hired in Elgin can request an informal hearing with the Secretary of State who will be asking you more than 100 questions. Afterward, you will either get your license back, be denied, or be granted a restricted driving permit.

• Can you go to jail if you were arrested for speeding in Elgin?

  Of course not. The most you can get for a speeding violation in Elgin is a $140 fine. However, if you were driving 26 to 35 mph more than the limit, you can get charged with aggravated speeding, which is a Class B misdemeanor, and be forced to pay a fine of $1,500. Go higher than 35 mph more than the limit, and it's a Class A misdemeanor that carries a fine of up to $2,500 and 1 year in jail.

• What does a criminal defense lawyer do?

  Criminal defense attorneys provide help to those facing misdemeanor or felony criminal charges. The attorney will research the circumstances surrounding the charge and investigate the case on behalf of the client. This may involve talking to police, interviewing witnesses, determining a plea, and assessing possible sentences. With this information, the defense attorney can negotiate plea deals or navigate a court case on behalf of the client. In some cases, the attorney may get a case dismissed entirely, a reduction in bail or jail time, or probation or community service instead of prison.

• How do I know if I need a criminal attorney?

  Any criminal charge that could result in a prison sentence requires the help of a criminal defense lawyer. This applies to both misdemeanor and felony charges, including:

  Misdemeanors

  • Petty theft
  • Public intoxication
  • Simple assault
  • Disorderly conduct
  • Vandalism
  • Reckless driving

  Felonies

  • Murder
  • Rape
  • Kidnapping
  • Aggravated assault
  • Specific types of fraud
  • Possession of certain types of drugs

• What steps should I take after being charged with a crime?

  The first thing to do after being charged with a crime is to contact a criminal defense attorney. It is best to hire a defense attorney as soon as possible after being released from arrest, and before an arraignment takes place. The attorney will explain charges in detail, and possible consequences, to help you decide whether a plea deal or a jury trial is the best option. Most attorneys offer free consultations to discuss the circumstances of a criminal case and how they're able to assist. Speaking with a number of defense attorneys before hiring one can increase the likelihood of finding the right fit, and getting the best defense possible.

• What if I can’t afford a criminal defense lawyer?

  All Americans are afforded the right to hire an attorney to act as a defense in a legal case. However, not everyone can afford one. If an attorney isn’t in a defendant’s budget, and the defendant’s income meets designated state or local thresholds, the court system will provide a public defender. This attorney usually works on cases pro bono or without any fees paid by the defendant. Many public defenders have a high caseload, which can limit the amount of time they are able to devote to each case. In most situations, hiring a dedicated criminal defense lawyer ensures the best outcome. This is particularly true in more serious felony cases that can result in a significant prison sentence without the involvement of a skilled, experienced defense attorney.

• Why hire a criminal defense attorney?

  Working with a criminal defense attorney is the best way to minimize the ramifications of committing or being accused of a crime. Criminal attorneys thoroughly investigate the circumstances surrounding a case to prove innocence or inspire reasonable doubt in a jury. Criminal defense lawyers also are better prepared to negotiate with the prosecutors. Due to the high cost and logistics involved with taking a case to trial, many prosecutors are willing to reduce sentences in exchange for avoiding a jury trial. An experienced criminal attorney understands what would be a reasonable deal for a specific criminal charge, and will negotiate it on behalf of the defendant.

• Are legal fees for criminal defense tax deductible?

  Whether legal fees from a criminal case can be deducted on a tax return depends on the circumstances. If criminal charges pertain to activities related to a trade or business, attorney fees can be deducted on a business tax return, as they are considered an expense associated with the normal course of business. However, personal legal fees cannot be deducted.