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CRIMINAL DEFENSE articles

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WHAT SEPARATES US FROM OTHER CHICAGO CRIMINAL DEFENSE FIRMS?

We Are a Highly recommended chicago criminal defense law firm

Experience. 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.

We are the best criminal defense attorney in chicago for your case

when your freedom, reputation, and future are at stake contact us

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contact our attorneys with any questions you may Have. We can defend most any criminal charges in the chicago area.

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criminal defense Frequently Asked Questions (FAq)

contact our attorneys with any additional criminal case questions you may Have.

How can Attorney Chivari help me?

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 Chivari P.C. Attorneys at Law for aggressive legal representation in all types of criminal charges. Fill out our free case evaluation form today!

Read the full FAQ here:
How can Attorney Chivari help me?

What if I have been wrongfully accused?

Even in cases in which the individual is completely innocent, if you have been arrested this indicates that the prosecutor considers there is enough evidence to get a conviction. Unfortunately, you will be forced to prove your innocence in court. The attorney you select to represent you has an important impact on the outcome of the case. Contact our firm at once to initiate the defense actions that must take place when the client is innocent of the charge.

Do I have certain rights?

You absolutely have rights; rights that should be protected above all else. Upon arrest, you should be read your Miranda Rights, denoting that you have the right to remain silent until you retain an attorney to speak on your behalf. This is something we strongly suggest you take into consideration. Do not speak unless you have to, and even then be careful what you say as anything you say after arrest could be held against you in a court of law. No one should force a statement out of you, not the police, not medical professionals, no one. You should be treated with respect and decency throughout the entire process, from the point of your arrest until the final arraignment.

Read the full FAQ here:
Do I have certain rights?

How Can I Find Out If I Have a Warrant?

Do You Have a Warrant Out?

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 attorneyMatthew Chivari for a free consultation.

What is the Right to a Speedy Trial?

The U.S. Constitution includes in the Bill of Rights the right to a speedy trial. The Sixth Amendment states in part: “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed…”

The purpose of this amendment is to ensure that there is no unnecessary or unreasonable delay between arrest and trial. It is not the point of our justice system to hold arrestees who have not yet been tried indefinitely. That is contrary to the principle that criminal defendants are innocent until proven guilty. If there is a violation of your Sixth Amendment right to a speedy trial, that is cause to dismiss your criminal case with prejudice. When the court dismisses a case with prejudice, that means you cannot be re-charged for the same crime and made to go to trial again. An experienced criminal lawyer can explain this to you in greater detail.

Speedy Trial History

In the 1970’s, the Supreme Court of the United States decided that whether or not a criminal defendant has been denied his or her right to a speedy trial is subject to a case-by-case analysis. What that means is there is no set rule to determine if someone’s Sixth Amendment right to a trial by jury has been violated. Instead, the court must look at the unique factors in each case to determine if there has been such a violation. In order to determine if there has been a violation, the court has to apply a four-part balancing test. If, after applying the test, the court finds that the delay unfairly prejudiced the defendant, then there is a violation of the Sixth Amendment. The court will weigh the following four factors in determining if there was a violation:

(1) The length of the delay;

(2) The reason for the delay;

(3) When and how the defendant has asserted his or her Sixth Amendment right;

(4) How much prejudice is caused by the delay.

The Supreme Court has found that a 7-month delay due to the illness of the chief investigating officer, while long, is justifiable. A five-year period between the arrest and trial was considered “extraordinary.” A crowded docket with many criminal cases to try is not a sufficiently good reason for excessive delay. If you believe that your right to a speedy trial has been violated then contact a criminal lawyer immediately.

It is possible, and sometimes advisable, to waive your right to a speedy trial. Your experienced criminal defense attorney will know when waiving your right to a speedy trial is the prudent choice.

Contact Chivari P.C. Attorneys at Law

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

Contact criminal defense lawyer Matthew Chivari today for a free consultation if you or a loved one has been arrested or accused of a crime.

Read the full FAQ here:
What is the Right to a Speedy Trial?
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