Winfield Misdemeanor Lawyer, Illinois

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Philip R. Nathe Lawyer

Philip R. Nathe

Criminal, DUI-DWI, Juvenile Law, Felony, Misdemeanor
DuPage County Criminal Defense Attorney

After starting his career in the criminal courts of DuPage County as a clerk more than 30 years ago, Philip Nathe went on to become an accomplished at... (more)

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630-416-7600

Jennifer Lynn Sroka

Misdemeanor, Felony
Status:  In Good Standing           Licensed:  12 Years

Thomas Mullen

Estate, Misdemeanor, Real Estate, Landlord-Tenant, Traffic
Status:  In Good Standing           Licensed:  46 Years

Michael P. O'Donnell

Criminal, DUI-DWI, Traffic, Felony, Misdemeanor
Status:  In Good Standing           Licensed:  21 Years

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Ingrid Nierman

Landlord-Tenant, Real Estate, Divorce & Family Law, Misdemeanor
Status:  In Good Standing           Licensed:  24 Years

Timothy P. Martin

Criminal, Felony, Misdemeanor, Traffic, DUI-DWI
Status:  In Good Standing           Licensed:  31 Years

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Robin Sue Levine Stoller

Visa, Misdemeanor
Status:  In Good Standing           Licensed:  29 Years

Miriam Lee

Misdemeanor, Felony
Status:  In Good Standing           

Frank Anthony Spataro

DUI-DWI, Felony, Misdemeanor
Status:  In Good Standing           Licensed:  12 Years

Peter Andrew Buh

White Collar Crime, Misdemeanor, DUI-DWI, Criminal
Status:  In Good Standing           Licensed:  31 Years

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LEGAL TERMS

FALSE IMPRISONMENT

Intentionally restraining another person without having the legal right to do so. It's not necessary that physical force be used; threats or a show of apparent ... (more...)
Intentionally restraining another person without having the legal right to do so. It's not necessary that physical force be used; threats or a show of apparent authority are sufficient. False imprisonment is a misdemeanor and a tort (a civil wrong). If the perpetrator confines the victim for a substantial period of time (or moves him a significant distance) in order to commit a felony, the false imprisonment may become a kidnapping. People who are arrested and get the charges dropped, or are later acquitted, often think that they can sue the arresting officer for false imprisonment (also known as false arrest). These lawsuits rarely succeed: As long as the officer had probable cause to arrest the person, the officer will not be liable for a false arrest, even if it turns out later that the information the officer relied upon was incorrect.

ACTUS REUS

Latin for a 'guilty act.' The actus reus is the act which, in combination with a certain mental state, such as intent or recklessness, constitutes a crime. For ... (more...)
Latin for a 'guilty act.' The actus reus is the act which, in combination with a certain mental state, such as intent or recklessness, constitutes a crime. For example, the crime of theft requires physically taking something (the actus reus) coupled with the intent to permanently deprive the owner of the object (the mental state, or mens rea).

MCNAGHTEN RULE

The earliest and most common test for criminal insanity, in which a criminal defendant is judged legally insane only if he could not distinguish right from wron... (more...)
The earliest and most common test for criminal insanity, in which a criminal defendant is judged legally insane only if he could not distinguish right from wrong at the time he committed the crime. For example, a delusional psychotic who believed that his assaultive acts were in response to the will of God would not be criminally responsible for his acts.

SENTENCE

Punishment in a criminal case. A sentence can range from a fine and community service to life imprisonment or death. For most crimes, the sentence is chosen by ... (more...)
Punishment in a criminal case. A sentence can range from a fine and community service to life imprisonment or death. For most crimes, the sentence is chosen by the trial judge; the jury chooses the sentence only in a capital case, when it must choose between life in prison without parole and death.

DECLARATION UNDER PENALTY OF PERJURY

A signed statement, sworn to be true by the signer, that will make the signer guilty of the crime of perjury if the statement is shown to be materially false --... (more...)
A signed statement, sworn to be true by the signer, that will make the signer guilty of the crime of perjury if the statement is shown to be materially false -- that is, the lie is relevant and significant to the case.

CHARGE

A formal accusation of criminal activity. The prosecuting attorney decides on the charges, after reviewing police reports, witness statements and any other evid... (more...)
A formal accusation of criminal activity. The prosecuting attorney decides on the charges, after reviewing police reports, witness statements and any other evidence of wrongdoing. Formal charges are announced at an arrested person's arraignment.

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.

VENIREMEN

People who are summoned to the courthouse so that they may be questioned and perhaps chosen as jurors in trials of civil or criminal cases.

PLEA BARGAIN

A negotiation between the defense and prosecution (and sometimes the judge) that settles a criminal case. The defendant typically pleads guilty to a lesser crim... (more...)
A negotiation between the defense and prosecution (and sometimes the judge) that settles a criminal case. The defendant typically pleads guilty to a lesser crime (or fewer charges) than originally charged, in exchange for a guaranteed sentence that is shorter than what the defendant could face if convicted at trial. The prosecution gets the certainty of a conviction and a known sentence; the defendant avoids the risk of a higher sentence; and the judge gets to move on to other cases.

SAMPLE LEGAL CASES

People v. Van Schoyck

... The State maintains that defendant's speedy-trial demand pertained only to the misdemeanor charges and not to the subsequent felony charge. ... The statute designates a violation of any of the above as a Class A misdemeanor. ...

People v. Lucas

... predicate felony for a charge of armed violence. He argued that the enhancement of driving while license revoked from a misdemeanor to a felony was intended for sentencing purposes only. The appellate court relied on the plain ...

People v. Bilelegne

... Defendant, Sisay Bilelegne, was charged with two misdemeanor counts of domestic battery to YW, an 11-year-old family member, in that "he struck him in the left shin with a baseball bat, struck him in the left knee with a hammer, and whipped him with an electric cord" on March ...