Clinton County, IL Criminal Lawyers
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Joseph Bernard Heiligenstein
Traffic, Motor Vehicle, DUI-DWI, Criminal
Status: In Good Standing Licensed: 33 Years
521 9Th St, Carlyle, IL 62231
Profile LAWPOINTS™32/100
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John Hudspeth
Criminal, Civil Rights, Traffic, Personal Injury
Status: In Good Standing Licensed: 39 Years
Aviston, IL 62216
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Joseph Heiligenstein
Traffic, Motor Vehicle, DUI-DWI, Criminal
Status: In Good Standing Licensed: 33 Years
521 9Th St, Carlyle, IL 62231
Profile LAWPOINTS™32/100
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Stanley Brandmeyer
Divorce & Family Law, Criminal, Business & Trade, Civil Rights
Status: In Good Standing Licensed: 37 Years
201 E. Hanover Street, New Baden, IL 62265
Profile LAWPOINTS™32/100
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LEGAL TERMS
BURDEN OF PROOF
A party's job of convincing the decisionmaker in a trial that the party's version of the facts is true. In a civil trial, it means that the plaintiff must convi... (more...)
A party's job of convincing the decisionmaker in a trial that the party's version of the facts is true. In a civil trial, it means that the plaintiff must convince the judge or jury 'by a preponderance of the evidence' that the plaintiff's version is true -- that is, over 50% of the believable evidence is in the plaintiff's favor. In a criminal case, because a person's liberty is at stake, the government has a harder job, and must convince the judge or jury beyond a reasonable doubt that the defendant is guilty.
PRESUMPTION OF INNOCENCE
One of the most sacred principles in the American criminal justice system, holding that a defendant is innocent until proven guilty. In other words, the prosecu... (more...)
One of the most sacred principles in the American criminal justice system, holding that a defendant is innocent until proven guilty. In other words, the prosecution must prove, beyond a reasonable doubt, each element of the crime charged.
INFORMED CONSENT
An agreement to do something or to allow something to happen, made with complete knowledge of all relevant facts, such as the risks involved or any available al... (more...)
An agreement to do something or to allow something to happen, made with complete knowledge of all relevant facts, such as the risks involved or any available alternatives. For example, a patient may give informed consent to medical treatment only after the healthcare professional has disclosed all possible risks involved in accepting or rejecting the treatment. A healthcare provider or facility may be held responsible for an injury caused by an undisclosed risk. In another context, a person accused of committing a crime cannot give up his constitutional rights--for example, to remain silent or to talk with an attorney--unless and until he has been informed of those rights, usually via the well-known Miranda warnings.
CONSTABLE
A peace officer for a particular geographic area -- most often a rural county -- who commonly has the power to serve legal papers, arrest lawbreakers and keep t... (more...)
A peace officer for a particular geographic area -- most often a rural county -- who commonly has the power to serve legal papers, arrest lawbreakers and keep the peace. Depending on the state, a constable may be similar to a marshal or sheriff.
SELF-DEFENSE
An affirmative defense to a crime. Self-defense is the use of reasonable force to protect oneself from an aggressor. Self-defense shields a person from criminal... (more...)
An affirmative defense to a crime. Self-defense is the use of reasonable force to protect oneself from an aggressor. Self-defense shields a person from criminal liability for the harm inflicted on the aggressor. For example, a robbery victim who takes the robber's weapon and uses it against the robber during a struggle won't be liable for assault and battery since he can show that his action was reasonably necessary to protect himself from imminent harm.
JURY NULLIFICATION
A decision by the jury to acquit a defendant who has violated a law that the jury believes is unjust or wrong. Jury nullification has always been an option for ... (more...)
A decision by the jury to acquit a defendant who has violated a law that the jury believes is unjust or wrong. Jury nullification has always been an option for juries in England and the United States, although judges will prevent a defense lawyer from urging the jury to acquit on this basis. Nullification was evident during the Vietnam war (when selective service protesters were acquitted by juries opposed to the war) and currently appears in criminal cases when the jury disagrees with the punishment--for example, in 'three strikes' cases when the jury realizes that conviction of a relatively minor offense will result in lifetime imprisonment.
OWN RECOGNIZANCE (OR)
A way the defendant can get out of jail, without paying bail, by promising to appear in court when next required to be there. Sometimes called 'personal recogni... (more...)
A way the defendant can get out of jail, without paying bail, by promising to appear in court when next required to be there. Sometimes called 'personal recognizance.' Only those with strong ties to the community, such as a steady job, local family and no history of failing to appear in court, are good candidates for 'OR' release. If the charge is very serious, however, OR may not be an option.
PROSECUTOR
A lawyer who works for the local, state or federal government to bring and litigate criminal cases.
CRIME
A type of behavior that is has been defined by the state, as deserving of punishment which usually includes imprisonment. Crimes and their punishments are defin... (more...)
A type of behavior that is has been defined by the state, as deserving of punishment which usually includes imprisonment. Crimes and their punishments are defined by Congress and state legislatures.
SAMPLE LEGAL CASES
People v. Leonard
... Defendant Finis Leonard was convicted by a jury of the offenses of habitual armed criminal and
unlawful possession of a weapon by a felon and sentenced to concurrent terms of imprisonment
of 30 years and 10 years, respectively. He appealed. We affirm. FACTS. ...
People v. Jackson
... were, therefore, admissible. Defendant also filed a motion in limine to preclude any
evidence of his 1998 conviction for criminal sexual assault, which had required him
to submit a DNA sample to be placed in a database. At the ...
People v. Pelo
... Interveners-appellants, The Pantagraph newspaper and its reporter Edith Brady Lunny
(Pantagraph), filed a petition to intervene and gain access to an evidence deposition in a criminal
case, People v. Pelo (Nos. ... The underlying criminal case, People v. Pelo (Nos. ...
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