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Criminal Defense Archives

Medical Lab Testing of Criminal Evidence: How Accurate is DNA Testing, Really?

As technology has advanced, there was an assumption made that there would be many more open and shut cases in the world of criminal justice. The hope was that this would lead to fewer trials, more plea deals, fewer false incarcerations, and an overall decrease in crime rate.

Assault and battery basics

If you or a loved one has recently been charged with battery, you may understandably be struggling to make heads or tails of the laws that govern this offense. Trying to understand the letter of the law can be complicated or even downright confusing. Thankfully, experienced criminal defense attorneys can help you to understand the laws affecting your case and can aid you in defending your case as successfully as possible.

The problem with eyewitness testimony

Eyewitness testimony can be notoriously unreliable. Research conducted by The Innocence Project, an organization dedicated to identifying and overturning wrongful convictions through DNA testing, has found that eyewitness mistakes have been instrumental in more than 70 percent of such convictions. Eyewitness testimony is unreliable for several reasons.

Insanity defense works for Illinois woman

All criminal charges should be taken seriously. When someone faces a felony charge it is even more important to do what is necessary to build a strong defense. This is because the penalties tied to a conviction can be harsh and in some situations include life in prison. For most people creating a solid defense involves the assistance of a criminal defense lawyer.

Can a Lawyer Help with My Probation Violation?

If you were accused of violating the terms of your probation, it may be in your best interest to speak with an Aurora criminal defense lawyer at Martin & Kent, L.L.C. immediately. One mistake could extend the length of your probation or even send you back to jail, so these accusations should be taken seriously. When you work with an attorney from our firm, we will fight aggressively to protect your future. Not only can we dedicate more than 45 years of legal experience to your defense, but we have already handled more than 10,000 criminal cases-giving us the competitive edge that you need.

Assault vs. Battery: How Do They Differ?

In many legal contexts, assault and battery are used as interchangeable terms, but in actuality, they are two separate crimes. Assault/battery can be committed when someone tries to or actually strikes another person or acts in a threatening manner intended to cause a fear of harm in another person. They can be linked together when referring to criminal instances like a physical altercation, or used separately when considering a crime like sexual assault.

How Do Police Attain a Warrant For My Arrest?

While television often depicts arrests occurring on a whim, in many instances police must obtain a warrant before taking a suspected criminal into custody. These arrest warrants must be signed by a judge before a police officer is authorized to make an arrest. In addition to giving permission for the arrest, a warrant may make stipulations concerning when and how the arrest can be made, and even set the acceptable bail amount for the suspect.

Common Theft Crimes in Illinois

Theft happens when a person knowingly takes unauthorized control of property. There are many different classifications of theft under Illinois laws. The factors that determine the severity of the theft fall under two elements: the value of the stolen property and if the property was stolen from another person. Even if a person did not steal the property themselves, it is also considered theft if a person obtains control over knowingly stolen property.

How to Understand Search & Seizure Law

One of the best things about living in the United States are the rights and freedoms given to all. The Constitution and the Bill of Rights takes the time to lay out exactly what rights all American citizens have under the law. Most importantly, those that have been accused of a crime are not exempt from legal protections. There are a few rights that specifically apply to those being questioned by law enforcement and how police are under legal supposed to act when seeking information or evidence.