779.500.0167

If You're Looking for Criminal Defense Lawyers Near Me in Rockton, IL and the Surrounding Areas, Come to the Law Office of Jonathan James, LLC

CRIMINAL DEFENSE

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ROCKFORD CRIMINAL DEFENSE LAWYER

Most individuals who are accused of a crime never see it coming. If you are convicted of a criminal offense, it could impact your career, educational opportunities, and hamper other rights and privileges that you have come to rely on. No matter what type of case you have, there is help available if you’re searching for criminal defense lawyers near me in Roscoe, IL or the surrounding areas. Our team of award winning criminal defense attorneys will guide you through the process, explain your options and give you the best chance of keeping a criminal conviction off your record.

We start all our criminal cases with a detailed client interview. We want to know exactly what happened from our client’s perspective and any special concerns they have. Having this information is important to providing effective representation, because  police reports and witness statements often misrepresent what actually happened. Many of our clients are good people who have found themselves in need of a second chance. Others have been falsely accused and need to clear their name. No matter which scenario applies, we want to do our best to safeguard our client’s future.

GETTING THE RIGHT DISPOSITION

For many people, being charged with a crime will be the most trying time in their life.  It is important to hire a skilled attorney that can walk you through every step of the criminal justice system to get the disposition that you need.  I will help restore your peace of mind during this difficult time.  Whether you have been wrongly accused based on false evidence and testimony or just made a mistake, hiring my office will give you the best chance of a not guilty verdict or other disposition that is more favorable than a criminal conviction.

Whatever your circumstances, my office is equipped to take on any of the following cases:

  • DUI
  • Traffic
  • Driving on a Suspended / Revoked License
  • Domestic Battery
  • Theft / Retail Theft
  • Criminal Misdemeanor / Felony
  • Drug Crimes
  • Violent Crimes
  • Sex Crimes

My office provides assistance to individuals facing criminal charges in Northern Illinois including Rockford, Belvidere, Oregon, Freeport and Galena

HIRING AN ATTORNEY PROTECTS YOUR RIGHTS

Some people wrongfully believe that hiring an attorney could be seen as an admission of guilt, this could not be further from the truth. Many times, people will waive their right to have legal counsel present during questioning and they subsequently make statements against their interest. In the justice system, you are presumed innocent and you have the right to remain silent. It is the prosecution’s burden to prove you guilty beyond a reasonable doubt. Hiring an attorney is the best way to protect your rights and you should never consent to being questioned without an attorney present. So if you’re looking for criminal defense lawyers near me in Rockton, IL or the surrounding areas, get in touch with our team to make sure you’re communicating properly and not implicating yourself in a crime.

Charged with a crime? Schedule an appointment to meet with one of our experienced Criminal Defense Attorneys.

Contact us

DOMESTIC BATTERY

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ROCKFORD DOMESTIC BATTERY ATTORNEY

In Illinois, Domestic battery cases are vigorously prosecuted.  If convicted, you will face serious penalties including losing any right to possess a firearm, high fines and possible jail time.  Additionally, Illinois has adopted a no drop policy which allows the State’s Attorney’s Office to continue prosecuting you even if the complaining witness recants their story or wishes to drop the charges.

I understand that just because you are charged with domestic battery, does not mean you are guilty of any wrongdoing.  Many times, a story may be blown out of proportion and as a result you may be improperly charged.  The domestic battery laws in Illinois strongly favor the alleged victim and arrests are often made with little to no evidence.

Accused of Domesic Battery?  Call for a FREE INITIAL CONSULTATION (779) 500-0167

 

FIGHTING FALSE ALLEGATIONS

Some cases are brought by one partner who is trying to obtain an advantage in a divorce or custody case.  Other times, the complaining witness may make false statements to the police in order to lash out against their partner.  Police Officers are trained to make an arrest when they suspect a domestic battery has occurred.  Arrest decisions can be made based on false accusations that have no basis in reality.  When you are found in this situation, you will need an experienced lawyer to help you fight these accusations.

Charged with a crime? Schedule an appointment to meet with one of our experienced Criminal Defense Attorneys.

Contact us

DRUG CRIMES

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ROCKFORD DRUG CRIMES LAWYER

     Drug Crimes are taken very seriously in Illinois and range in severity from a Class C Misdemeanor (maximum 30 days jail) to a Class X Felony (6 to 30 years in prison).  All drug crime convictions carry with it a mandatory minimum fine, potential jail sentence, and permanent criminal record.  In many cases, having a drug conviction on your record can make a person ineligible for financial aid when attending college and limit their educational and employment opportunities.

For individuals charged with drug crimes, there are several programs that may be available to help keep a criminal conviction off your record.  Even if you are charged with a felony drug offense, you may be eligible for special probation, drug court, or a deferred prosecution program run by the State’s Attorney’s Office that will eventually lead to a dismissal of the charges pending against you.  To find out if you may be eligible for any of these programs, call my office and set up a free initial consultation

 

FREE INITIAL CONSULTATION (779) 500-0167

 

MISDEMEANOR POSSESSION – marijuana

For first time offenders possessing an amount of cannabis more than 10 grams and less than 100 grams (approx. 3.5 ounces) they will be charged with misdemeanor possession.  The class of misdemeanor you are charged with will be determined based on the weight of cannabis possessed as defined by 720 ILCS 550/4

   (b) more than 10 grams but not more than 30 grams of
any substance containing cannabis is guilty of a Class B misdemeanor;
(c) more than 30 grams but not more than 100 grams of
any substance containing cannabis is guilty of a Class A misdemeanor; provided, that if any offense under this subsection (c) is a subsequent offense, the offender shall be guilty of a Class 4 felony;
(d) more than 100 grams but not more than 500 grams
of any substance containing cannabis is guilty of a Class 4 felony; provided that if any offense under this subsection (d) is a subsequent offense, the offender shall be guilty of a Class 3 felony;
(e) more than 500 grams but not more than 2,000 grams
of any substance containing cannabis is guilty of a Class 3 felony;
(f) more than 2,000 grams but not more than 5,000
grams of any substance containing cannabis is guilty of a Class 2 felony;
(g) more than 5,000 grams of any substance containing
cannabis is guilty of a Class 1 felony.

There are many ways to defend misdemeanor possession cases.  These include challenging the probable cause that police officers used to conduct a search and challenging the possession of the cannabis.  Often times, law enforcement will try to use the theory of “constructive possession” to meet the possession element of the offense.  This basically means they found cannabis in your general vicinity and they suspect its yours.  This concept of possession is susceptible to legal challenges brought by an experienced defense attorney at a hearing or trial.

     If no legal defense is available in your case, there are several programs that may be available to get the charges against you dropped and eventually expunged.  Depending on the county you are charged in, the State’s Attorney’s office might have a first time drug offender program that will lead to a dismissal of the charges upon completion of the program.  For those individuals ineligible for any special programs, they may receive Court Supervision, which will eventually lead to a dismissal of the charges once all the terms of the supervision are satisfied.  After completing the Court Supervision it may be possible to get your record expunged.

 

CIVIL OFFENSE CANNABIS POSSESSION

Recent changes to the laws in Illinois have decriminalized the possession of small amounts of cannabis.  A person possessing not more than 10 grams cannabis will no longer be charged with a crime, instead, they will be charged with a civil law violation punishable by a minimum fine of $100 and a maximum fine of $200. Further, the law provides that these cases will automatically be expunged off a person’s record

 

FELONY DRUG CRIMES

There are several types of felony drug crimes in Illinois and most of them involve possessing or selling drugs other than cannabis. This includes prescription medications for which you are not prescribed.  Possessing any of the following substances, regardless of amount, is considered a felony in Illinois

  • Cocaine
  • Heroine
  • Crack Cocaine
  • Methamphetamine
  • Certain Prescription Medications

However, even possession of cannabis can be considered a felony in certain situations.  If you possess more than 100 grams of cannabis on your first offense, or you are possessing 30-100 grams and have a prior conviction for possession of cannabis, your case will be eligible for felony enhancement.  There are other ways that cannabis charge can be enhanced to a felony.  The drug laws in Illinois are extremely complicated and if you are charged with a drug felony, you should seek the advice of an experienced attorney.

 

DEFENSES TO DRUG CRIMES

Just because you are charged with a felony drug crime, does not mean you have to be convicted.  There are several defense strategies that I employ when defending a felony drug crimes including:

  • Challenging the Search  –  The 4th Amendment of the US Constitution protects us against illegal search and seizure.  This means that a law enforcement officer must have probable cause prior to executing a search.  It is often the case that officers will execute a search without probable cause and any evidence they find pursuant to that search can be suppressed.
  • Challenging the Search Warrant  –  Even though a Judge signs off on a search warrant, that does not necessarily mean that warrant is valid.  If the police used false information or misrepresentations to obtain that warrant, then any evidence collected when executing the warrant would be considered “Fruit of the poisonous tree” and ruled inadmissible in court.
  • Challenging the Possession  –  Often times, Police Officers will try to use the legal theory of “constructive possession” to charge you with a felony drug crime.  This means that Officers found drugs near you or in an area that you occupied.  This theory of possession is not bullet proof and an experienced defense attorney will be able to challenge this at a hearing or trial.

Even if you do not have a defense to the charges, you may still be eligible to keep a felony conviction off your record.  Depending on which county you are charged in, the State’s Attorney’s Office may have a special program available that will allow for the dismissal of charges once the program is complete.  Additionally, there are also several forms of special probation available for felony drug charges that can lead to a dismissal of the charges once the probation is successfully completed.

If you or a loved one has been charged with a drug crime, you need an experienced attorney on your side.  Our office has successfully handled hundreds of criminal cases in almost every county in Northern Illinois and we want to fight for you.

Charged with a crime? Schedule an appointment to meet with one of our experienced Criminal Defense Attorneys.

Contact us

RETAIL THEFT

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ROCKFORD RETAIL THEFT LAWYER

All retail theft charges are serious. Not only does a first offense carry a risk of jail, it is also considered a crime of moral turpitude. Once a shoplifting conviction is placed on your criminal record it can make it substantially more difficult to gain employment, pass any background checks or obtain a professional license. This is even more serious for young people with no prior criminal record. If you are charged with retail theft, you will need an experienced attorney to work to resolve your case in the most favorable manner possible.  Retaining my office to represent you will give you the best chance of keeping a criminal conviction off your record.

 

Charged with Shoplifting?  Call for a FREE INITIAL CONSULTATION (779) 500-0167

 

WHAT IS RETAIL THEFT?

Illinois retail theft law is codified in 720 ILCS 5/16-25. The elements of shoplifting are the taking, carrying away, or concealing of merchandise offered for sale from any store or merchant with the intention of permanently depriving the merchant of that merchandise. Shoplifting charges can also be brought for changing price tags and purchasing the item for a lower price, moving items from one location in a store to another, assisting someone else with shoplifting or simply hiding the item on your person. There is no requirement that you must leave the store or pass the cash registers to be arrested. You can also be investigated and arrested for shoplifting if someone in your party committed the crime.

 

WHAT IS THE PENALTY FOR RETAIL THEFT?

Retail Theft can be a felony or a misdemeanor depending on the value of the merchandise taken as well as the person’s previous record.  A first offense retail theft of less than $300 is a Class A misdemeanor with a possible sentence of up to one year in jail and a fine up to $2,500.  If the value of the merchandise taken exceeds $300 then it is a Class 3 Felony with a possible term in the Department of Corrections of 2 to 5 years.

Individuals with a prior theft, retail theft or burglary conviction on their record will be charged with a class 4 felony and can face one to three years imprisonment for any new retail theft charge, regardless of the value of the merchandise involved.

 

POSSIBLE RESOLUTIONS FOR YOUR RETAIL THEFT CASE

If you or a loved one has been charged with retail theft there are options available to you as to how your case may be resolved. Some of these options include:

  • Prosecution dismissal for lack of evidence
  • Deferred prosecution program
  • Court supervision
  • Second chance probation
  • Plea negotiations
  • Bench or Jury trial

Attorney Jonathan James is an experienced criminal defense attorney who has represented individuals charged with all levels of retail theft. As a Rockford Retail Theft defense attorney he knows what evidence is necessary for the police and prosecution to succeed in court and what factual or legal defenses will be available for your case. Depending on the facts of your case it may be possible to develop a strong defense through interviewing the witnesses, filing discovery motions with the court, or issuing evidence subpoenas.

 

CONTACT A ROCKFORD RETAIL THEFT ATTORNEY TODAY

My firm represents clients charged with both misdemeanor and felony retail theft charges in Rockford, Illinois and other areas throughout Northern Illinois including Belvidere, Oregon, Freeport, Dekalb and Kane Counties. To schedule your FREE INITIAL CONSULTATION with my office about your case, call (779) 500-0167

Charged with a crime? Schedule an appointment to meet with one of our experienced Criminal Defense Attorneys.

Contact us

EXPUNGE CRIMINAL RECORDS

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ROCKFORD EXPUNGEMENT LAWYER

A person’s criminal history can impact many aspects of their everyday life.  Criminal history can affect employment opportunities and even where a person can live.  The laws do offer individuals avenues to remove charges from their criminal history or limit who has access to the history. Getting criminal charges expunged or sealed can give a person a fresh start and open up educational and employment opportunities.

 

Expungement

To expunge means to physically destroy the records or return them to the petitioner and to obliterate the petitioner’s name from any official index, or public record, or both.  Essentially, expungement means to clear the criminal history.  Previously, the law in Illinois did not allow for individuals to apply for expungement if they had even one prior criminal conviction on their record.  However, recent changes to the law now allow an individual to petition for the expungement of eligible offenses, even if that individual has a prior conviction in their history.  To be able to expunge requires a disposition of the following: (i) acquittal, dismissal, or the petitioner’s release without charging; (ii) a conviction which was vacated or reversed; (iii) an order of supervision and such supervision was successfully completed by the petitioner; or (iv) an order of qualified probation and such probation was successfully completed by the petitioner.  It should be noted that some charges, even with the above dispositions are not eligible for expungement.  Additionally, the law establishes a time period for when a charge is eligible for expungement.  We recommend you contact our office and consult with an attorney regarding expungement and your specific circumstances.

Sealing

Many criminal charges that are not eligible for expungement are allowed to be sealed.  Sealing means to physically and electronically maintain the records, unless the records would otherwise be destroyed, but to make the records unavailable without a court order.  Essentially, this means that an order to seal would protect a petitioner’s criminal history and restrict who has access to the records.  The information would be available to law enforcement and the courts, but not the general public.  Sealing is available for many non-violent misdemeanors and specific Class 3 and Class 4 felony charges.   As with expungement, there may be necessary time periods a petitioner must wait before their charges are eligible to seal. We recommend you contact our office and consult with an attorney regarding eligibility for sealing and your specific circumstances.

Certificate of Rehabilitation

As stated above, the law establishes time periods to determine the eligibility for expungement and sealing.  Petitioners may be able to apply for a certificate of rehabilitation.  These certificates have to forms: 1) Certificate of Good Conduct 2) Certificate of Relief from Disabilities.  Petitioner’s still have a time period requirement, but the time period may be shorter than that of expungement or sealing.  We recommend you contact our office and consult with an attorney regarding eligibility for Certificates of Rehabilitation and your specific circumstances.

Executive Clemency

This is more commonly referred to as a Pardon from the Governor.  Petitioner’s file a request for clemency with the Petitioner review board.  This process is complex.  Petitioner will be required to obtain information from arresting agencies and the state police in order to provide a comprehensive criminal history to the Prisoner review board (PRB).  Petitioner will also need to provide a personal statement detailing certain information about each arrest, and a explanation of the hardship the Petitioner is enduring as a result of their criminal history.  Petitioner’s will also want letters of recommendation to submit with their application.  Once the application is complete, it will be submitted for the prisoner review board.  The petitioner will have the option to request a hearing with the PRB.   Subsequently, the board will make a recommendation to the Governor for their action.  It should be noted that upon the Governor’s granting of clemency, the process is still not complete.  The Petitioner still must petition the courts for expungement of their charges.  We recommend that if you are interested in Executive clemency, you contact our office and consult an attorney.

 

CONTACT A ROCKFORD EXPUNGEMENT ATTORNEY TODAY

My firm represents clients seeking to expunge both misdemeanor and felony charges in Rockford, Illinois and other areas throughout Northern Illinois including Belvidere, Oregon, Freeport, Dekalb and Kane Counties. To schedule your FREE INITIAL CONSULTATION to learn if your case is eligible for expungement, call (779) 500-0167

Charged with a crime? Schedule an appointment to meet with one of our experienced Criminal Defense Attorneys.

Contact us

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