Latest from Schantz Law Office Blog - Page 2

The purpose of bail is to ensure the presence of the defendant at future court dates. How the amount is set depends on many factors, such as the defendant’s criminal history and biographical information (living situation, level of education, employment status and so forth). The allegations of the current crime are also heavily considered, along with any prior failures to appear in court.

Conceptually, bail, except for the most serious of allegations where the defendant poses a significant risk to the public should they be released, is supposed to be set within the financial means of the defendant. This was
Continue Reading Are Some People Better Off in Jail? The Illinois Bail Reform Act and What Has Changed

I once had a case where my client was charged with being a felon in possession of a firearm found in his car. I filed a

The main allegation in my motion was that my client’s wife did not have legal authority to consent to a search of his car. My client refused to give permission for obvious reasons. His wife after being pressured and threatened by police signed a search consent form. The car was searched. A pistol was found under the driver’s seat. Case closed, right? Wrong.

My research into this issue found that a person must have
Continue Reading Can Your Spouse Let the Police Search Your Car if You Say No? Not Always.

I once had a case where my client was charged with being a felon in possession of a firearm found in his car. I filed a motion to suppress the gun. Though many facts were in dispute at the hearing on that motion, the issue was clear: does a spouse have the legal authority to consent to the search of their husband’s/wife’s car?

The main allegation in my motion was that my client’s wife did not have legal authority to consent to a search of his car. My client refused to give permission for obvious reasons. His wife after being
Continue Reading Can Your Spouse Let the Police Search Your Car if You Say No? Not Always.

Following the unlikely August 2011 Kenneth Green verdict there appeared an article the next morning in one of the suburban Chicago newspapers. For those unfamiliar with this case it was like this: Kenneth Green shot two Chicago police officers who were executing a search warrant in his home. There was no dispute about that fact. He did shoot two police officers, and was charged with the attempted murder of the those two police officers. On the surface this looked like an open-and-shut case: guilty, right? But that’s not what happened. He was found not guilty on all charges. I was
Continue Reading Admitted Police Shooter Walks Free – Does the Media Have a Duty to Report Accurately?

Following the unlikely August 2011 Kenneth Green verdict there appeared an article the next morning in one of the suburban Chicago newspapers. For those unfamiliar with this case it was like this: Kenneth Green shot two Chicago police officers who were executing a search warrant in his home. There was no dispute about that fact. He did shoot two police officers, and was charged with the attempted murder of the those two police officers. On the surface this looked like an open-and-shut case: guilty, right? But that’s not what happened. He was found not guilty on all charges. I was
Continue Reading Admitted Police Shooter Walks Free – Does the Media Have a Duty to Report Accurately?

This is a story from my time in Chicago representing felony defendants. This is a perfect example of how an innocent person can end up in the county jail facing a felony charge.

A young woman began to have problems with her boyfriend. The relationship was turning abusive. The boyfriend was calling her job all day long. He would even come and stand outside of her work at times. It was a major disruption at her place of employment.

A couple of months later she had had enough. She moved out. Friends from work helped her move. A short time
Continue Reading No Good Deed Goes Unpunished

This is a story from my time in Chicago representing felony defendants. This is a perfect example of how an innocent person can end up in the county jail facing a felony charge.

A young woman began to have problems with her boyfriend. The relationship was turning abusive. The boyfriend was calling her job all day long. He would even come and stand outside of her work at times. It was a major disruption at her place of employment.

A couple of months later she had had enough. She moved out. Friends from work helped her move. A short time
Continue Reading No Good Deed Goes Unpunished

Detectives will typically ask to speak to you for one of two reasons: either they believe you witnessed a crime or you’re a suspect in a crime they are investigating. I am going to briefly discuss the second scenario.

By the time a detective contacts you there’s a pretty good chance you’re the prime suspect. In my experience detectives often get tunnel vision when they like a suspect for the crime they are investigating. When this happens, they hyper focus on one person and one theory of the case while ignoring other suspects and other evidence. You can see how
Continue Reading Can You Refuse to Talk to a Detective?

Detectives will typically ask to speak to you for one of two reasons: either they believe you witnessed a crime or you’re a suspect in a crime they are investigating. I am going to briefly discuss the second scenario.

By the time a detective contacts you there’s a pretty good chance you’re the prime suspect. In my experience detectives often get tunnel vision when they like a suspect for the crime they are investigating. When this happens, they hyper focus on one person and one theory of the case while ignoring other suspects and other evidence. You can see how
Continue Reading Can You Refuse to Talk to a Detective?

Before the State of Illinois can formally charge someone with a felony one of two things must first happen: either a finding a probable cause by a preliminary hearing judge or a true bill of indictment from a grand jury.

What are the differences?

Preliminary hearings are adversarial, meaning both the prosecutor and defense attorney are present. These short hearings are usually for non-violent felonies, such drugs and firearm’s possession. The prosecutor typically calls to testify the arresting officer who answers a short list of questions: were they on duty on such and such a date at such and such
Continue Reading Preliminary Hearings and the Grand Jury – What They Are & When They Are Used