Frequently Asked Questions
- What types of criminal cases do you handle?
At Fagan, Fagan & Davis, we defend clients facing a wide range of both felony and misdemeanor charges, such as DUI, drug crimes such as possession or delivery, assault & battery, domestic violence, hate crimes, retail theft, theft crimes, auto theft, robbery, murder, manslaughter, sex crimes, and traffic tickets.
- What is the difference between a felony and a misdemeanor?
In the Illinois criminal court system, there are two types of charges: felonies and misdemeanors. Felony criminal charges are the more serious of the two and are punishable by one year in prison or more, depending on the class of felony. Misdemeanors are lesser offenses that are punishable by less than one year in jail, again depending on the misdemeanor classification.
- Will I go to jail or prison?
There are many sentences available under Illinois law that do not involve imprisonment, even if when the defendant is facing felony charges. Although imprisonment is a possibility, you can reduce your chances of being sentenced to jail or prison by contacting an experienced and aggressive Chicago criminal lawyer to defend you in court. The right defense for your case can avoid conviction and jail or prison, and can help avoid or lessen other penalties
- What are the possible penalties I may face if I’m convicted?
The penalties in a criminal case depend entirely on the charges and the circumstances of the case. Misdemeanor charges are usually punishable by no more than one year in jail and less than $2,500 in fines. Felonies are punishable by probation or at least one year in state prison and fines totaling as much as $25,000. Other possible penalties include probation, parole, restitution to the victim, mandatory counseling or rehabilitation, community service, license suspension, loss of certain rights, and a mark on your permanent record.
Certain factors can enhance your penalties, such as having prior criminal convictions on your record, using a weapon to carry out your crime, and committing a crime involving a child.
A Public Defender can be appointed when a defendant qualifies economically as indigent. Accepting a Public Defender should only be done when a defendant truly cannot afford a private criminal defense attorney for a number of reasons. The Public Defender's office, while generally staffed by competent and qualified Illinois criminal defense lawyers, is often inundated with more cases than they can handle. They simply cannot devote the personal attention to each client that private Chicago criminal defense lawyers can. There are even situations where having a Public Defender handle your case limits your ability to protect certain rights. For instance, in DUI proceedings, a Public Defender is not authorized by Illinois law to address a driver’s license suspension or to attempt to obtain a driving permit!
To learn how we can help you fight your charges, please contact a Cook County Criminal Defense Attorney at Fagan, Fagan & Davis today! - Arrested for DUI? Contact a
Chicago DUI attorney at our office.