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Criminal Defense

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CRIMINAL DEFENSE LAWYERS FOR WEST CENTRAL ILLINOIS AND EAST CENTRAL IOWA

If you are facing criminal charges, you need the advice and assistance of an experienced criminal defense attorney—and the sooner, the better. Your Constitutional rights apply from the very outset of the criminal investigation process, and it is critical that you take the necessary steps to protect those rights, or risk forfeiting them—and possibly losing your freedom as a result. If you are accused of a crime, the law firm of Gullberg, Box & Worby LLC can help.

With offices conveniently located in Monmouth and Peoria, Illinois, and Bettendorf, Iowa, we represent clients in Peoria, Tazewell, McDonough, Warren, Henderson, Knox, Hancock, Schuyler, Rock Island, Woodford, and Stark Counties in Illinois, and Des Moines and Scott Counties in Iowa. There is a wide variety of criminal offenses for which people need aggressive and competent legal representation, including:

NO MATTER THE CRIME, A CRIMINAL CONVICTION HAS SERIOUS CONSEQUENCES

If you are facing a criminal conviction, you have a lot at stake: your rights, your property, your freedom, and your reputation.

Depending on the severity of the crime, the penalties imposed under Illinois or Iowa criminal law are very serious. For example, a Class A misdemeanor in Illinois can result in up to one year in jail and $2,500 in fines, and even a less severe Class C misdemeanor may result in a fine of up to $1,500 and 30 days in jail. While these punishments may not seem serious by themselves, they often have serious ramifications: loss of employment, loss of reputation, and damage to personal relationships.

The punishments for felonies are even graver. Felonies in Illinois carry a minimum one-year prison sentence and, depending on the class of felony, punishments may range up to incarceration for life. Fines of up to $25,000 can be imposed for each offense. Also, felony convictions have collateral consequences: for example, the loss of the right to vote and to obtain public benefits, and a permanent criminal record that can impact your ability to obtain employment, credit, or housing.

THE RIGHT ATTORNEY CAN MINIMIZE YOUR CHANCES OF CONVICTION

Under the American system of criminal justice, the responsibility for enforcing criminal law falls on several different bodies, including the police; city, county, state and federal prosecutors; and the courts. The job of the police is to identify and catch perpetrators of crimes, but once they believe they have the guilty party, the burden falls on other officials to subsequently prosecute and convict the accused for the crimes charged.

It is a fundamental principle of American law that an individual is innocent of any crime until proven guilty in a court of law. In addition, the U.S. Constitution provides the accused with certain protections and rights, such as:

  • The right to remain silent;
  • The right to be free from unreasonable searches or seizures of person or property;
  • The right to confront any adverse witnesses;
  • The right to have evidence obtained in violation of these rights excluded from trial;
  • The right to a fair and speedy trial by jury.

At Gullberg, Box & Worby LLC, we are committed to aggressively defending the rights and interests of our criminal defense clients. We intercede for our clients at every step of the criminal justice process. We independently investigate the circumstances of the crime and its investigation to keep law enforcement honest, and we will exploit every weakness and gap in the prosecution’s case within the limits of the law to further our clients’ interests. Our job is to make sure that the enormous resources of the state are not abused to shortcut the principles on which our system of justice rests, and in which the accused is accorded the full benefit of any doubt.

CONTACT US FOR A FREE, NO-OBLIGATION CONSULTATION ON YOUR CRIMINAL CASE

With the personal cost of a criminal conviction being so high, it is critical for those accused of crimes to obtain the advice and representation of a seasoned criminal defense attorney. If you or someone close to you has been arrested for or charged with a crime, or even if you are merely under suspicion or being questioned, contact Gullberg, Box & Worby LLC at (309) 734-1001 or use the online contact form on this site for a free consultation. We proudly serve clients in several local communities, including Peoria, Tazewell, McDonough, Warren, Henderson, Knox, Hancock, Schuyler, Rock Island, Woodford, and Stark Counties in Illinois and Des Moines and Scott Counties in Iowa. Our Peoria DUI attorneys and criminal defense lawyers have helped many clients, and we can help you.

Sentences

I DID IT! NOW WHAT?

Most people are familiar with certain types of punishment used in our criminal justice system. For more serious crimes, one can end up in prison, for lesser crimes, one would have to pay a fine, and so on. What many people do not understand is that there are actually many types of dispositions of a criminal case. Understanding the differences could be the difference between whether you have a criminal record the rest of your life or not. It is very important to have an experienced attorney to understand the differences in dispositions being offered you and what type of relief you are eligible for. Do not just sign your future away to avoid being uncomfortable in the courtroom. Your decisions today will affect your tomorrow.

Court Supervision

Court Supervision is a type of disposition available for most misdemeanor and petty traffic offenders in the State of Illinois. Many attorneys consider a disposition of court supervision to be second best to an acquittal because it is not a conviction on your criminal record.

Court Supervision terms last from three to twenty-four months. If a term of Court Supervision is completed, there is no conviction for the alleged crime. In practical terms, Court Supervision defers your punishment and stays the proceedings against you. Only if you violate a term of your Court Supervision will the State usually act on the charges alleged against you.

A disposition of Court Supervision is not promised to anyone. Your attorney must often provide mitigating details about your character and the nature of the offense to obtain Court Supervision for you.

Court Supervision differs from Probation because Court Supervision does not require monthly visits to a probation officer. Although there may be conditions of your Court Supervision that require a financial obligation or community service, you are not required to meet with a probation officer. Also, most Court Supervision dispositions, not including a D.U.I., can be expunged two years after the end of your Court Supervision term.

Probation

Probation is a disposition that only occurs in Illinois after a conviction, whether it be by plea or a verdict. While it is a more severe punishment than Court Supervision, Probation is an effective tool that helps keep minor criminals out of the Department of Corrections and the county jails.

There are different types of Probation in Illinois. For example, 720 ILCS 570/410 (more commonly, “410 Probation”) is available to any offender who has not previously been convicted of or placed on probation or court supervision for any offense relating to cannabis or controlled substances. Basically, this is probation for first-time drug offenders that acts as “felony supervision” because if the offender completes the term of probation, the charges are then dismissed against them. Furthermore, 720 ILCS 550/10 (“550 Probation”) is very similar to 410 Probation, but is categorized under the Cannabis Control Act and is specific to marijuana possession, whereas 410 Probation encompasses a broader spectrum of illicit substances.

Most Probation dispositions are very similar. The offender has to meet with a probation officer monthly and pay a monthly probation fee. Also, depending on the nature of the criminal charge, the offender will have to submit to drug/alcohol testing, maintain employment, and not violate any criminal statutes.

A violation of a term of Probation could lead the State to file a Petition to Revoke your probation. If successful, the term of Probation could be terminated you would be re-prosecuted under the original offense. This could be extremely frustrating, especially if you pled guilty to a lower charge than you were originally charged with. The original charge is what the offender would now be prosecuted for with likely higher maximum penalties.

Conditional Discharge

Conditional Discharge is a lighter form of Probation where, like Court Supervision, the monitoring is done by the court and not a Probation officer. However, unlike Court Supervision, the terms of their Conditional Discharge is their actual sentence. There has been a finding of guilt and the terms of their Conditional Discharge are part of the punishment and the case will not be dismissed upon completion.

Just like with Probation and Court Supervision, if the offender does not comply with the terms of the Conditional Discharge, the State can file to revoke the sentence.