Best Criminal Defense Attorneys in Decatur

FAQs

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

  The non-emergency contact number for the local police station in Decatur is (217) 424‑2711.

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

  To get a copy of a police report in Decatur, you need to fill out the Freedom of Information Act (FOIA) form and submit it to an FOIA officer at the City Clerk’s office at 1 Gary K. Anderson Plaza. The form can also be submitted to FOIADPD@decaturil.gov. You can get a copy of the FOIA form here: https://www.decaturil.gov/wp-content/uploads/2016/02/Request-for-Public-Record-Form.pdf

• Can a child face charges if involved in a fight at a school in Decatur?

  Yes, a child can face charges if he/she is involved in a fight at a school in Decatur or sometimes even for a fight off school grounds. He/she can face charges for assault or battery. Although jail time can be unlikely for a child, it is also a possibility. Alternative sentencing options include putting a child on supervision, probation, or conditional discharge.

• What are the penalties for cocaine possession in Decatur?

  If you were arrested for cocaine possession in Decatur, you may need to pay fines and also do jail time. This depends on the amount by weight of the substance. If you are carrying less than 15 grams, you are to face 1 to 3 years in prison and fines up to $25,000. However, if you are carrying 900 grams or more, you are to face 10 to 50 years in prison and fines of up to $200,000, or the full street value of the substance.

• Will you be arrested for DUI in Decatur if you are underaged?

  Yes, it is illegal to drink and drive at any age in Decatur. If you are under 21 years old, you will be held under the Zero Tolerance Law. This means that you will still be considered in violation of the law and subject to criminal charges even if you only have a 0.01% Blood/Breath Alcohol Concentration (BAC).

• Are you going to face jail time if you have been caught shoplifting in Decatur?

  Shoplifting, or retail theft, is a serious criminal charge in Decatur. Therefore, if you are caught shoplifting, you may face serious fines and lengthy prison terms. If you stole any items valued at less than $300, you may have to pay a $2,500 fine and go to jail for a year. Prison time may extend for up to 3 years if you have a prior shoplifting conviction. If the items you stole cost over $300, possible penalties include a $25,000 fine and 3–7 years in prison.

• Do children in Decatur have the power to get an order of protection against their parents?

  Under the Illinois Domestic Violence Act, found at 750 ILCS 60/1 et seq, children have the right to seek an order of protection against their parent. A state attorney can help a child in Decatur file a petition for an order of protection on his/her behalf. The state attorney can also help the child gather evidence so he/she can prove that he/she has been a victim of abuse or harassment by his/her parent. The order of protection can be extended to the end of the criminal case and even through a term of probation.

• 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.