Posted on August 06, 2013 in Criminal defense lawyer

Misdemeanor retail theft in Cook County is a class A misdemeanor. The offense is punishable up to 364 days in the Cook County Department of Corrections. There are, however, many alternative sentences available. For purposes of this post, we will discuss first time offenders only.

In Cook County, first time retail theft offenders often qualify of the theft deterrent program. The program is aimed at counseling first time offenders and giving them the opportunity to complete a class to keep the case off their permanent record. Upon successful completion of the class, the offender will return to court and a dismissal of the charges will be granted. This not only prevents a criminal conviction from appearing on one's background but it also enables the defendant to have the arrest record expunged as well.

Due to the serious nature of a retail theft charge, it is imperative that you consult with an attorney. Most criminal defense firms, including ours, will give you a one time no charge consultation.

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 Posted on August 06, 2013 in Criminal defense lawyer

A client of the Law Office of Matthew R Gebhardt has recently been cleared of all DUI charges in the Cook County Court Jurisdiction even with a breathalyzer amount over the legal limit of in Illinois.....

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 Posted on July 19, 2013 in Criminal defense lawyer

Every state has different laws related to speeding, and different speed limits for highways, freeways and smaller roads, but being from out of state is no excuse for not following the speed limits.

According to the National Highway Traffic Safety Association, the basic speed rule for Illnois is, “A person shall not drive a vehicle upon any highway at a speed which is greater than is reasonable and proper with regard to traffic conditions and the use of the highway, or endangers the safety of any person or property.”

The statutory speed limit in Illinois is 65 mph on toll highways and highways with four or more lanes, then the speed limit decreases accordingly for other highways, urban streets, etc. Along with not exceeding the maximum speed limit on any given road, it is also important for drivers not to drive too slow, as that can be just as dangerous and going too fast.

The statute pertaining to minimum speed states, “No person shall operate a motor vehicle at such a slow speed as to impede or block the normal and reasonable movement of traffic.” On some highways or other roadways, the state may post minimum speed limits.

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 Posted on June 16, 2013 in Criminal defense lawyer

We often hear the terms “first degree murder” and “second degree murder” on the news, on television shows, and in the movies, but not many people know the small yet major differences between the two crimes. It is important to know the specific criteria for each of these two crimes, and your Cook County criminal attorney can help you with any questions you may have.

By definition, first degree murder is murder that is planned and committed against one or more persons, under a few various special circumstances. These special circumstances can include, but are not limited to, combining murder with other offenses such as kidnapping, hijacking, robbery, involving extreme torture, and a few others. The crime is considered even more serious if the offender has committed a similar crime in the past.

Second degree murder, on the other hand, is premeditated murder against spouse or relatives, or due to personal gain and interest, without the special circumstances aforementioned. Typically, second degree murder is seen as less grave than first degree, but not by much.

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 Posted on May 30, 2013 in Criminal defense lawyer

Find the article here: http://www.chicagotribune.com/news/local/ct-met-cellphone-ban-0530-20130530,0,334411.story

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 Posted on May 13, 2013 in Criminal defense lawyer

Juvenile plea agreements are made between the juvenile defendant and the state’s attorney. In a plea agreement, the juvenile defendant will plead guilty in exchange for a lesser sentence. These agreements must be approved by a judge, after which a hearing date will be set.

Trials will only occur for the following reasons:

• the youth chooses not to plead guilty,
• the youth does not agree to the plea agreement,
• the youth was not separated from the system,
• or the prosecutor did not dismiss all of the charges filed against the child.

Because juveniles do not have the constitutional right to a jury trial, juvenile trials are bench trials. Law states that these trials must occur within 120 days of the child’s demand for a trial, although in some instances this date can be held off for an additional 30 days. However, in the cases of violent juvenile offenders, habitual juvenile offenders, and extended juvenile jurisdiction prosecution, the juveniles do have the right to a trial with a jury.

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