If you get arrested in Chicago, it’s important to know your rights. An officer can arrest you if he or she sees you committing a crime, has probable cause that you committed a felony, or if he or she has a warrant for your arrest.

In this post, we’re going to tell you what not to do at your arrest, and how to get help if you are charged with resisting or obstructing arrest.

You Cannot Use Force

In almost every case, you do not have the right to resist arrest. This is true even if the arrest is illegal.

You can be charged with resisting arrest or other serious offenses if you use force against an officer. You need to fight back in court with a Chicago attorney’s help, not fight back on the street where you are arrested.

You Cannot Resist a Search

The officer may search you or your property at the scene of the arrest, at the jail, or both. If you resist this search, you could face charges.

The police have the right to seize any evidence they find that could be used against you. Officers will photograph you and take your picture, and the arrest may be posted online in local newspapers.

There is nothing you can do to prevent this from happening.

You Don’t Have to Answer Questions

You are protected by Miranda rights that give you the right to remain silent. However, you do need to provide basic information, such as your name and other identifying information, for the booking.

Request the presence of an attorney before you answer any probing questions by police.

If you answer these questions on your own, you run the risk of accidently incriminating yourself. Your attorney can advise you on how to answer questions so you protect yourself.

You Don’t Need to Speak to Anyone

It’s important to keep quiet around everyone – including other inmates or family and friends who visit you. Assume the police are listening in on everything you say and looking for information to hold against you.

You can simply say, “I don’t want to talk,” when someone begins speaking with you. This is the best way to protect your rights until your lawyer is present.

You Shouldn’t Provide Details on the Phone

You will likely be allowed to make a phone call to an attorney, family members, or a bail bondsman. It’s wise to assume that these phone calls are recorded or monitored. Don’t say anything incriminating on the phone. Simply use the call to state basic details.

You Should Get Legal Help

In the heat of the moment during arrest, your emotions can get out of control. It’s important to keep your wits about you and enlist the help of a skilled Illinois criminal attorney to fight for your rights in court.

If your arrest was illegal, your lawyer may be able to get your charges dismissed before the case ever goes to court. Check with an attorney as soon as you are arrested to protect your rights and minimize your charges.

These things may seem obvious, but being arrested has a way of keeping people from thinking straight. They get emotional. They do stupid things.

Knowing what not to do can’t stop you from doing it, but at least it arms you with knowledge of how you should behave when you get your head on right.

About the Author:

Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes.

Chicago law enforcement has been fighting against sex crimes for the last two decades, prioritizing investigations, arresting offenders, and doling out tough penalties.

However, over the last few years, it appears Chicago’s fight against sex crimes may have hit a wall. According to a report from CBS Chicago, “while the number of reported criminal sexual assaults in Chicago has come in at less than 1,600 from 2006 to 2014… progress has leveled out. Sharp drops in the 1990s have been exchanged for small drops with the occasional rise.” Noting the city’s lack of progress over recent years, sex crime advocates are pushing for a prioritization of sex crime investigations, arrests, and prosecutions in Chicago’s criminal justice system.

Advocacy agencies hope to create more services to help the city crack down on sex crimes, including access to legal representation for victims and special training for law enforcement officers. Advocates hope to make sexual victim training mandatory for all law officers and detectives in the city.

What Types of Criminal Behaviors Will Be Targeted?

There is a push to prioritize the fight against sexual assault in Chicago, with advocates urging city officials and the local community alike to take a more active stance against this serious type of sex crime offense. In Illinois, sexual assault is generally considered to be the sexual exploitation, forcible penetration, or act of sexual contact on the body of another person through the use of force, no matter how slight, or if the victim was unable to give consent. Sexual assault can occur between two strangers, coworkers, friends, or people in a romantic relationship.

However, sexual assault is only one of many criminal behaviors that can result in a sex crime charge in Chicago. Our state’s criminal justice system doles out severe penalties for all types of sex crimes, including but not limited to:

Sexual assault on a child. You can be charged with sexual assault on a child if you knowingly subject a minor to sexual contact.

Internet sexual exploitation of a child. This charge involves soliciting nude photos from a minor on the internet. You can be charged with internet sexual exploitation of a child even if you were unaware of the victim’s age.

Prostitution. Prostitution is a criminal offense that involves offering a sexual service for money or something of value.

Solicitation of a prostitute. Similarly, solicitation of a prostitute involves offering money or something of value in exchange for a sexual service.

Indecent exposure. This type of charge frequently arises from seemingly harmless pranks, accidents, and misunderstandings. For instance, you could be charged with indecent exposure for flashing, streaking, or exposing yourself unintentionally.

Lewd and lascivious conduct. You may be charged with lewd and lascivious conduct if you behave in a way that is intended to arouse sexual desire in yourself or people around you in a public area, or are involved in public sexual activity.

Human trafficking. Human trafficking is an increasingly prevalent problem in Illinois, involving the illegal movement of people, typically for the purposes of sexual exploitation.

The Penalties for Sex Crimes in Chicago

[clickToTweet tweet=”While there are a wide variety of sexual offense, a conviction of a Chicago sex crime carries heavy penalties.” quote=”While there are a wide variety of sexual offense charges, a conviction for any type of sex crime in Chicago carries heavy penalties.”]

Due to the grave nature of sex offenses, the consequences typically involve lengthy—often lifelong—prison sentences, extensive probationary periods, and huge fines.

Additionally, a sex crime conviction of any kind could have a devastating effect on your career and personal life. Even if you are convicted of a seemingly minor offense, you will be required to register as a sex offender for the rest of your life. As a registered sex offender in Chicago, you will be barred from visiting certain public areas and limited in where you can find housing. You may find it difficult to obtain a job or volunteer position, or participate in certain educational programs. In addition, you’ll be required to reregister as a sex offender and pay a fee every ten years, as well as reregister if you move to another state.

If you are facing charges for any type of sex crime in Chicago, it’s imperative to contact an experienced Chicago sex crimes attorney if you want to avoid damaging consequences to your freedom and future. Your attorney can help you understand the charges facing you and craft the most aggressive defense possible. With a talented and experienced attorney in your corner, you may be able to have the charges against you reduced or dropped, sparing you from the humiliation of sex offender registry as well as other serious consequences.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, Murder, and drug crimes.

Though the domestic violence laws in Illinois are meant to protect families, abuse of domestic violence laws can harm the very families they were designed to keep safe. False domestic violence allegations can be harmful to the accused, their families, and the Illinois criminal justice system in general.

Regrettably, false domestic violence allegations are not uncommon both state- and nationwide.

[clickToTweet tweet=”The prevalence of false allegations may be partially attributed to the broad definition of domestic violence ” quote=”The prevalence of false allegations may be partially attributed to the broad definition of domestic violence in many states.”]

Illinois law defines domestic violence as any act of physical abuse, harassment, or intimidation of another member of the household or family. This definition covers a wide range of physical and psychological crimes, including assault, stalking, threatening, or repeatedly contacting a victim.

What does this mean for your domestic violence case? You can be charged for domestic violence without lifting a finger against the alleged victim, or even without ever being in the same room as them. Domestic violence charges can arise from incidents as seemingly trivial as repeated text messages, a minor disagreement, or a gesture that could be interpreted as aggressive.

Additionally, in domestic violence cases, it is up to the officer’s discretion whether to arrest you. In essence, if the police receive a report of a domestic violence crime, they will dispatch a law enforcement officer to the scene of the alleged crime and will make an arrest if there is probable cause of domestic violence.

If you have been falsely accused, arrested, or charged with domestic violence, you may be understandably feeling upset, angry, and scared. However, it is of the utmost importance that you do not forfeit your rights and allow a false domestic violence allegation to prevail. If you are wrongly convicted for a domestic violence crime, the consequences will not only be devastating to you and your family, but harmful to the integrity of the Illinois criminal justice system.

How False Domestic Violence Allegations Affect You

The consequences of a domestic violence conviction go even beyond lengthy prison sentences and heavy fines to affect your future career, education, housing situation, and civil rights. A domestic violence conviction may leave a stain on your permanent record that can follow you for the rest of your life. Your record may be accessible to the general public, including prospective employers, landlords, college boards, and loan officers. With a domestic violence conviction permanently etched into your record, you may have difficulty obtaining a job, securing housing, or seeking a secondary education.

If you are a teacher, doctor, or other professional, you may lose your license or financial bond. After losing such qualifications, you may be barred from continuing to practice your profession or trade. In addition, a domestic violence conviction may prevent you from holding a government job or running for public office. You may also lose your job if you work in the police force, military, construction industry, or any other industry that requires the use of firearms or explosives.

After being convicted of a domestic violence crime, you may be required to enroll and pay for treatment, including psychiatric care, counseling, substance abuse treatment, and anger management.

How False Domestic Violence Allegations Could Affect Your Family

If you are convicted of domestic violence, a judge may issue a protective order that restricts you from spending time with or making decisions regarding your children. Such an order could prevent you from entering your home, while requiring you to continue to make mortgage, insurance, utility, and medical care payments for your household.

Once you are convicted of domestic violence, the court may restrict contact with your children to a supervised location or public areas. If the court believes you pose a threat to your child’s physical or emotional health, they may eliminate or limit your visitation rights to special situations.

How False Domestic Violence Allegations Affect the Illinois Criminal Justice System

One of the biggest flaws in the Illinois domestic violence system is that it provides incentives to self-interested or malicious victims to make false claims. Far too often, alleged victims use Illinois domestic violence laws to gain leverage in divorce proceedings or enact revenge. False allegations of domestic violence take away credence from true cases of domestic violence, making it harder for genuine victims to get the support they need.

Don’t let a false domestic violence allegation affect your future, your family, and the integrity of the Illinois criminal justice system. Contact a Chicago domestic violence defense lawyer, who can help you protect your rights and fight back against this grave injustice.

About the Author:

Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, Murder, and drug crimes.

For many people who have immigrated to the United States, permanent residency is a big step toward the path to citizenship. Once an individual has been classified a legal permanent resident, he or she has officially been granted authorization to live and work in the United States indefinitely. This generally means that he or she no longer has to fear deportation, because the individual is officially and securely recognized as belonging in the United States.

That is, of course, unless the permanent resident is convicted of a crime.

What Types of Crimes Could Result in Deportation?

[clickToTweet tweet=”Permanent residency comes with its share of legal protection against deportation, this protection has a limit.” quote=”Although permanent residency comes with its share of legal protection and defense against deportation, this protection has a limit.”]

According to the Immigration and Nationality Act, there are three types of crimes that can put an individual at risk of deportation:

1. Aggravated felonies Aggravated felonies are complicated when it comes to legal residents, because sometimes crimes that would otherwise only be considered misdemeanors get bumped up to felonies when deportation is on the line. A crime may be considered a felony for these purposes if it results in one year of jail time. Of course, the usual aggravated felonies (e.g., murder, sexual assaults, drug trafficking, etc.), would count here as well.
2. Crimes of moral turpitude Crimes of moral turpitude include intentional theft, fraud, the intentional infliction of harm, malice, lewdness, and the intent to harm people or things. Because there is no set list of crimes that qualify as “crimes of moral turpitude,” these types of crimes can be especially problematic when they involve permanent residents and the threat of deportation. Usually, it is ultimately left up to the court to decide whether or not a crime can be considered one of moral turpitude.
3. Violations of controlled substances laws, domestic battery, violations of an order of protection, and firearms offenses Some of these crimes may also fall under the “aggravated felonies” or “crimes of mural turpitude” umbrellas, but these particular crimes are ones that are named explicitly in the Immigration and Nationality Act.

Clearly, some of these laws are extremely problematic, particularly those that fall under the first two groups – aggravated felonies and crimes of moral turpitude. Because these categories are so vague, there is a huge amount of leeway when it comes to the charges and possible convictions that result from them. If a person is charged with crimes falling under either of those categories, a long and involved legal battle may result.

What Can be Done?

Deportation proceedings are just as serious, if not more so, than the average court proceeding involving a legal U.S. citizen. The process can be just as long and involved, and in a deportation case, it is not just one person’s life on the line—families may be torn apart, and livelihoods may suffer.

Lives that families have spent years building may be at risk of crashing down as a result of one deportation case. Even if the trial does not result in deportation, the defendant and his or her family must still suffer the aftereffects that come with any long legal process—fines, exhaustion, possible work penalties, and of course the bad mark on your personal and professional record that can make it difficult to find work, housing, or even secure a loan.

Luckily, there are steps that can be taken to keep the process as painless as possible and to ensure that a legal permanent resident is permitted to stay in the country.

If a legal permanent resident is charged with a crime that leads to deportation proceedings, it is possible for a number of factors to clear his name. For instance, the length of his residency in the United States or the testimony of any close relatives who are U.S. citizens may prevent his deportation.

However, neither of these is guaranteed to result in a positive outcome. The court may consider these two factors, but the prosecution will also present additional evidence to the court which may overshadow these two things.

The most important step in a deportation case is for a defendant to equip himself with a knowledgeable attorney who has experience in these kinds of cases. Deportation cases have far too much riding on them to risk going them alone. Having a smart lawyer at your side is absolutely imperative.

If you may be facing deportation as a result of a crime, do not hesitate. Contact an experienced criminal attorney who is trained in handling these cases and is willing to fight for your rights.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, Murder, and drug crimes.

One of the greatest provisions of the US justice system is the right a fair trial. Under US law, you are entitled to a fair trial regardless of the crime you were accused of or your inability to afford legal representation. That means that if you find yourself accused of a criminal offense and are unable to afford a lawyer, the court may appoint one for you.

In theory, the practice of appointing lawyers to those who lack the means or resources to afford them is a great idea. This provision was enacted to protect the poor from being unjustly sentenced due to their inability to hire a defense attorney. If you are short on cash or simply trying to be frugal, a free attorney may seem like a tempting offer.

[clickToTweet tweet=”In practice, however, there are many problems with our public defense system and using a court-appointed attorney.” quote=”In practice, however, there are many problems with our public defense system and many drawbacks to using a court-appointed attorney.”] While many public defenders are outstanding lawyers who genuinely care about their clients’ rights, there are many limitations that come with choosing this type of defense.

Staggering caseloads. In general, public defenders work long hours for very little pay, and are assigned a staggering, often overwhelming number of cases at once. At any given point, a public defense attorney could be handling as many as 200 cases, and more than a thousand cases annually. One investigation found defenders with a total annual caseload of more than 1,600 cases.

With such excessive caseloads to manage, many attorneys are unable to truly get to know a client’s case. Oftentimes, they are unable to even meet with their client before the trial, let alone investigate the case, gather evidence, or locate witnesses. Without adequate defense, you are far more likely to be unfairly convicted, subject to harsher penalties, and face lifelong consequences.

By contrast, any private attorney of repute will hand-select each of their cases to ensure they are able to give each and every client the attention they deserve. A top criminal lawyer can invest all his time, energy, and resources in your unique case, ensuring your rights are protected and drastically increasing your chances of a positive outcome for your case.

Lack of choice. When you elect to use a public defender, the court chooses the attorney who will represent your case, allowing you little to no say in the matter. Unless you can demonstrate a very good reason for wanting a different attorney, you will be forced to work with your attorney even if you don’t see eye-to-eye or feel uncomfortable around him or her.

However, when you choose to work with a private attorney, you’ll be able to research and interview many different attorneys until you find one you trust. With a bit of research, you can find the best lawyer for your case by choosing one with experience defending your particular type of case and a track record of success in that area.

Lack of resources. Public defender offices are underfunded and understaffed, so they lack the resources and tools necessary to defend clients. Faced with limited resources and budget cutbacks, many court-appointed lawyers simply don’t have the means to properly investigate the facts of your case.

However, a private attorney is not bound by public legislature budget restrictions. An expert criminal defense attorney may be backed by innovative tools and the best resources available, as well as a staff dedicated to investigating your case and providing you counsel. A private attorney may have access to private investigators, chemical testing laboratories, and expert witnesses, as well as associate lawyers they can call upon to help with your case.

Not everyone will qualify. In order to qualify for a court-appointed attorney, you must be charged with a serious criminal offense. You will not be provided with a court-appointed attorney if your case deals with civil or administrative matters.

To apply for a court-appointed attorney, you will have to submit an application that demonstrates you are unable to afford your own attorney, with information on your financial situation and assets. The clerk of the court will then review your application to determine if you qualify, and may deny you if you do not meet certain financial criteria.

In comparison, a private criminal lawyer is able to defend people from all walks of life, regardless of the crime they’ve been accused of or their failure to meet certain criteria. An expert criminal defense attorney can protect you against all types of charges, and can be recruited as an ally with a mere phone call.

When it comes to criminal defense, the saying is true: you get what you pay for. Don’t cut corners on your freedom and future—contact a seasoned Illinois defense lawyer today.

About the Author:

Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, Murder, and drug crimes.

In the days leading up to New Year’s Eve, it seems that every media outlet from The New York Times to BuzzFeed is filled with articles on how to make the most out of your New Year’s celebrations—from which outfits to wear to which bars to visit in your area. In the days following New Year’s, however, the headlines get a lot bleaker—stories about arrests, drunk driving accidents, and domestic abuses scream out from every newspaper and website.

As most of us know, too much alcohol and partying can lead to some pretty uncharacteristic behavior. So on a holiday like New Year’s, when drunkenness is not only tolerated but is expected and to some extent even celebrated, people are bound to make mistakes that they normally would not. The trouble comes when these mistakes lead to criminal charges.

It’s important to know, however, that if you find yourself facing some unexpected charges in the days following New Year’s, it doesn’t have to mean disaster. Don’t let your year be ruined by some partying that got out of hand. You always have the opportunity to take action and defend yourself.

What Could Happen on New Year’s?

Studies have shown that New Year’s Eve and New Year’s Day are two of the worst days of the year for certain crimes, including impaired driving, domestic violence, and others.

There is no question that some of these crimes can be attributed to the increased amount of alcohol consumption that always takes place on New Year’s. Here’s a story that every experienced criminal lawyer in Chicago has heard at some point: you may go out on New Year’s Eve with the best intentions only to wake up in a jail cell facing some criminal charge for an act that you can’t even remember committing.

Sometimes, the charges that people face in the days following New Year’s are for things that are completely uncharacteristic of the accused—maybe he or she didn’t even realize what they were doing, or maybe it had seemed genuinely harmless at the time. Nevertheless, if you find yourself facing charges for any crime on New Year’s, the consequences can be serious. Some of the charges you can find yourself faced with include:

DUI. A DUI charge is probably the one most commonly associated with New Year’s. With all the alcohol and drug use happening on New Year’s, DUI accidents are among the most dangerous risks that come with New Year’s celebrations. The harm that could come about as a result of a DUI is almost immeasurable—innocent people can be traumatized, injured, or even killed.

Battery. If a fight breaks out between you and someone else, whether it’s at a bar or a house party, you could wind up facing battery charges. Depending on the severity of the physical damage done, the crime can be classified as either a misdemeanor or a felony. These charges typically mean fines and jail time, both of which could be devastating to you and your family.

Sexual assault. We’re still seeing stories from around the country about alleged sexual assaults that took place on the previous New Year’s Eve and New Year’s Day. A sexual assault charge is one of the most serious charges that any individual can face. If you use force against anyone to coerce them into having sex, you could be facing some very serious consequences, including years in prison and a stigma that could stay with you and tarnish your reputation for the rest of your life.

These are only a few of the many charges that you may find yourself facing if your partying on New Year’s gets out of hand. Each of them is serious and carries the potential for drastic consequences, from a damaged reputation to multiple years in jail.

You Deserve A Good Defense

For many Americans, New Year’s Eve is a night that they look forward to all year long. Unfortunately, with all the drinking and celebrating going on, you might wake up to find that you’ve made some bad decisions. Hopefully you won’t do anything too severe, but it’s important for you to remember that no matter what you’re charged with, you always have the right to defend yourself. You owe it to yourself to take advantage of that right.

If you find yourself facing criminal accusations for mistakes made during New Year’s celebrations, contact an experienced Chicago defense lawyer right away to discuss your options and start building your defense strategy.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, Murder, and drug crimes.

Picture this: It’s a chilly winter’s evening in Chicago, and Michigan Ave. is aglow with Christmas lights and bright storefront windows. Snowflakes melt on the ruddy cheeks of shoppers as they bustle down the street with their arms full of bags, laughing as they make their way to the CTA station.

Everything’s peaceful and serene until suddenly—a siren goes off, and someone darts out of a high-end store holding an expensive necklace. Unfortunately for this person—let’s call him “Frank”—there’s heightened security around Michigan Ave this time of year, and a couple of cops are able to stop him immediately.

“Yes, I took the necklace from the store,” Frank admits when the cops question him.

Sounds like that’s it for Frank—he’ll be found guilty of shoplifting in a court of law. Right?

Not necessarily. Even though Frank admitted to taking the necklace, there are many ways an experienced lawyer could argue his innocence. For instance, Frank could have intended to return the necklace immediately. Frank could have misunderstood an employee and thought they wanted him to have the necklace. Frank could have been distracted by other things and walked out of the store with the necklace, thereby shoplifting accidently. Frank could have been threatened with harm by someone else if he didn’t take the necklace. Frank could be mentally handicapped to a point that he should not be held accountable for taking the necklace. These are just some of the many ways a lawyer could protect Frank after he confessed his guilt.

The goal of any good criminal attorney is to get their defendant’s charges reduced or dropped. Even if evidence and your own admission indicates your guilt, you have many options for creating a strong defense with the help of an experienced lawyer. Here are some criminal defense strategies a lawyer may use:

Beyond reasonable doubt. In order to be convicted, the prosecutor must show there is absolutely no reasonable doubt that you committed the crime. By raising even the smallest amount of reasonable doubt, a lawyer might be able to have your charges dropped.

Self-Defense. People have a right to protect themselves and their families from physical harm. If you are charged with a violent crime, a lawyer can argue that you were acting in self-defense. To prove this, the attorney must demonstrate reasonable belief of physical harm that necessitated self-defense, and that your response to the threat was reasonable.

Entrapment. This defense can work if you successfully prove that a police officer or other government authority forced you to commit a crime—such as buying drugs or hiring a prostitute. The government isn’t allowed to punish you for an illegal action they made you perform.

Insanity. To be convicted of a crime, you have to have intended to perform the illegal deed. If a mental illness kept you from fully understanding what you were doing, you can plead insanity—though this is often very difficult to prove. In most cases, a successful insanity plea will land you in a psychiatric institution rather than prison.

Under the Influence. If you were under the influence of drugs, you might be able to argue that you did not have the mental power to control your actions. While this is only a partial defense, it could have your charges reduced to a slightly less serious crime.

The truth. A skilled lawyer can help you tell the truth in such a way that it reflects better on your case. An effective story should be accurate, but include elements that will gain sympathy from the court and explain or justify your behavior.

Preparation. Being well-prepared for your case is an essential defense strategy that a knowledgeable lawyer can assist you with. By informing you of the facts, coaching you, and helping you practice for your trial, an attorney can help you prepare and present the best possible defense. Your lawyer can walk you through complex laws, so you are able to better understand the prosecution’s case and what kind of evidence you need to combat it. An attorney can prepare you with practice interviews, special assignments, and advice that will help you strengthen your case.

The bottom line? Even if you’ve already admitted guilt and the evidence points against you, you can have your charges reduced or dropped—but you need an expert criminal defense lawyer. Whether you have been charged with public indecency, burglary, criminal trespass, or any other crime, an experienced lawyer can help you ensure the best outcome of your case. Don’t put the future well-being, freedom, and reputation of you and your family at risk by attempting to navigate the complex judicial system alone. A smart attorney is a powerful and necessary ally as you fight to defend your rights and civil liberties.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, Murder, and drug crimes.

Gideon v. Wainwright established every person’s right to legal counsel, even if they couldn’t afford a lawyer. This right was already articulated in the U.S. constitution, but the 1963 Supreme Court case made state-appointed public defenders a legal right.

States want to provide quality legal defense, and Minnesota is no exception. In the face of what you might call a public defense crisis, Minnesota’s doing a lot – like providing well-educated, passionate people who practice law and work long hours every day to try and accomplish their case load.

But that’s the problem: really long hours. Minnesota public defense lawyers are overworked, trying to handle 250 new felony cases every year when the American Bar Association says 150 should be the limit.

Take a look at the infographic below, illustrating and summarizing the crisis on a local and national scale alike.

This infographic was created on behalf of the Law Office of Carolyn Agin Schmidt. Please share it so that more people can learn about the status of criminal representation in the U.S.

Brooke McDonald writes and blogs for Minneapolis criminal defense attorney Carolyn Agin Schmidt.