Best Criminal Defense Attorneys in Schaumburg

FAQs

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

  The non-emergency contact number for the Schaumburg Police Department is (847) 882-3534.

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

  You may get a copy of the police report for incidents related to your case by submitting an online FOIA (Freedom of Information Act) request at https://schaumburgil.mycusthelp.com/webapp/_rs/(S(no4c1o01upq0ljndxc1d2kco))/supporthome.aspx

  You may also mail or deliver in person your request to the Schaumburg Police Department, located at 1000 West Schaumburg Road.

• Who decides criminal charges in Schaumburg?

  In Schaumburg, while the arresting officer can bring a number of criminal charges against the suspect, it is ultimately up to the prosecutor whether to add, amend, or drop those charges. For example, if an individual is facing DUI charges along with the unlawful possession of a weapon, his or her criminal defense attorney may negotiate with the prosecutor to bring the charges down to a misdemeanor.

• How does Schaumburg punish domestic battery offenses?

  If an individual in Schaumburg is facing domestic battery charges, the case will not be dismissed even if their victim does not wish to pursue legal action. If the victim refuses to cooperate with law enforcement or does not show up in court, the prosecution still retains the right to prove their case against the suspect. Most domestic battery cases in Schaumburg are Class A misdemeanors, which are punishable by up to one year in jail and a maximum fine of $2,500.

• Does a DUI arrest in Schaumburg result in a drivers’ license suspension?

  If an individual in Schaumburg is arrested for driving under the influence on a public highway, he or she is subject to a statutory summary suspension or revocation of their driver's license. The length of this suspension depends on factors such as failed or refused chemical testing and prior offenses. If the DUI arrest was made on private property, however, the suspect is not subject to an automatic drivers’ license suspension.

• Does Schaumburg have mandatory sentencing for serious felony offenses?

  Individuals convicted of Class X felonies in Schaumburg face mandatory sentencing guidelines without possibility of parole, unless the prosecution agrees to lower the charge. Additionally, repeat offenders convicted of a certain number of class 1 or 2 felonies must also face Class X felony mandatory sentencing. However, this is valid only if the previous felonies were committed when the defendant was aged 21 or above.

• How does Illinois’ SAFE-T act affect criminal justice in Schaumburg?

  Illinois’ SAFE-T act, enacted in 2021 following the George Floyd protests, makes a number of reforms to criminal justice in Schaumburg and the rest of the state. This includes the enforcement of liability for law enforcement misconduct, the elimination for cash bail, and increased funding for alternative justice such as deflection programs.

• 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.