Chicago Criminal Lawyer Blog

As a Chicago criminal attorney with experience working in the Joliet Courthouse, I'm watching the media coverage of the recent Joliet prostitution sting with great interest. According to local media, Illinois law enforcement used online sites such as Backpage.com to post fake ads aimed at men looking for companionship. Thirty-three (33) people were arrested and charged with felony and misdemeanor prostitution, pandering, and solicitation of a prostitute. (Online prostitution advertising is too costly to be profitable. Please read my blog post entitled "Protect Yourself from the Dangers of Online Prostitution Advertising in Illinois" for guidance on how to provide legal adult services).

One particularly troubling aspect of the recent coverage is the degree to which local media has demonized those arrested months before any trial or defense could be had. Names, addresses, and pictures of those arrested are published alongside stories tacitly condemning those accused of prostitution, pimping, and soliciting prostitution as guilty.

What ever happened to "innocent until proven guilty"? The papers should remember that, as Americans, we enjoy a "presumption of innocence." In fact, a large percentage of sexual misconduct accusations are false, and are made for reasons other than the truth. I have personally had cases that did not survive aggressive investigation and that fell apart when the accusation was probed for weakness. While a detailed recitation of all of the false accusations of rape, solicitation, and prostitution is beyond the scope of this article, for now just know that whether you have been falsely accused of sexual misconduct, or you know you made a mistake but there is not enough evidence to prove you guilty beyond a reasonable doubt, there are ways to beat prostitution charges as well as ways to beat solicitation of a prostitute charges.

If the facts of your case do not warrant a trial and you just want to get through this as quickly as possible with the minimum possible effect on your record, your lawyer must find innovative ways to obtain a favorable settlement with the government that protects you from going to jail, being convicted, or pleading guilty. Education, support, and compassion, not ostracism, is the best way to create the most benefit for the accused and for society as a whole. Few girls choose to work as prostitutes if they have a better option. They grow up in a culture that glamorizes prostitution as an exciting lifestyle in which to make alot of fast and easy money. Turning to prostitution is often the result of a troubled childhood, a boyfriend exerting a bad influence, poverty, or to support an addiction. Similarly, men who solicit prostitutes may be doing so out of loneliness, desperation, or sexual addiction. In many cases you will have the benefit of dealing with a prosecutor who understands that it doesn't make sense to hurt such people with punitive convictions and jail time and who will agree to dismiss the case pending successful completion of sex education and counseling.

If you have been arrested for prostitution or soliciting a prostitute, and the media has not reported it, good. If you are concerned with keeping the arrest private, keep an eye on your mailbox. Some lawyers search the public record regularly for the names and addressess of people arrested and send them pamphlets and letters in the mail advertising their services. (Shepherd Law Office does not).

Continue reading "Media Has Already Convicted 33 Arrested and Accused of Prostitution and Solicitation in Joliet" »

"No person...shall be compelled in any criminal case to be a witness against himself..."

-The Fifth Amendment to the United States Constitution

Dave Chappelle makes a humurous skit out of one of your fundamental rights as an American and as a human being: the right to remain silent and not answer questions. The Founding Fathers, in their eternal genius, devised the Fifth Amendment Right to Remain Silent based on the philosophical belief that statements should be voluntary and never forced. As a Chicago criminal defense attorney I often say that every situation is different, that there are no blanket rules that apply to every situation, and that advice must be tailored to the unique facts of your case. One exception to this is the right to remain silent: it is always better to have the advice of a knowledgeable criminal lawyer before you make statements of any kind to law enforcement. If this is not possible, you should simply remain silent. Unfortunately, I often meet people only after they have waived this important right and have made statements to police either because of (a) police coercion, (b) because they think that if they are innocent the legal system will automatically treat them fairly, or (c) because they simply do not know that they have a right to refuse questioning and consult a lawyer first.

Why is making statements to law enforcement usually such a bad idea? Consider the following hypothetical: It's a Friday night and Alpha, Bravo, Charlie, and Delta Defendant are taking a road trip down I-290 headed into Chicago. Alpha is driving and smoking his glass bowl full of marijuana which he passes to his fellow passengers. (Driving with drugs in your car or, "Riding Dirty," is a dangerous and careless way to greatly increase your chances of not only death or injury, but also, a cocaine, marijuana, or possession of a controlled substance arrest that will cost you time, money, and possibly even your freedom. Please read my blog post "How to Avoid Being Arrested in Illinois with Drugs in Your Car" advising against it). Minutes later, Chicago traffic patrol pulls Alpha over for speeding and expired registration. As the Chicago policeman obtains Alpha's driver's license, he notices an overpowering smell of weed, arrests the car occupants, and questions them individually.

At first, everyone refuses to make a statement as to who the bowl belongs to and who was smoking pot. At this point, Illinois police can charge all four of the occupants with possession of marijuana and possession of paraphanalia, or, attempt to charge Alpha with constructive possession of the pot and paraphernalia because it was found in his car, in which case Bravo, Charlie, and Delta Defendant go home. Suppose, however, that Delta Defendant makes a statement saying "The bowl and pot are mine." Police now have evidence in the form of Delta Defendant's confession connecting him to the criminal act of marijuana and paraphanalia possession. Had he asserted his Constitutional Right to Remain Silent, he may have been sent home, or at the very least, the case against Delta Defendant of possessing drugs would have been significantly weaker than now, where law enforcement has his oral statements connecting him to the crime of marijuana possession under 720 ILCS 550/4 and possession of drug paraphernalia under 720 ILCS 600/3.5.

This is the position that the overwhelming number of people who seek my assistance as a Chicago criminal lawyer find themselves in. Most people give up their power in an arrest scenario by confessing or making statements either because of police intimidation or because they do not know they have a right to refuse to answer questions by law enforcement. What Delta Defendant should have done is asked to speak to his lawyer first or, if he could not reach his lawyer, insist on his Constitutional Right to Remain Silent. (Please read my excerpt "What should I do if I am arrested or asked questions by the police?" or contact us for a free wallet size "Rights Card" for an easy to use and remember approach to asserting your rights when under arrest or threat of arrest).

But, even if the police claim that you have made statements or have confessed, all is not lost. If your alleged statement was the result of either (a) coercion or (b) "custodial interrogation" and you were not first read your "Miranda" rights, you can turn to the protections of the Illinois and Federal Constitution to keep the alleged confession out of evidence. If your oral statement is the only or strongest evidence against you, this means that the case against you may either fall apart and be dismissed or, will be more easily defended at trial. Whether and how to suppress any alleged statements in court with a motion to suppress is a fact-specific analysis that is best done in person on a case-by-case and face-to-face basis.

Continue reading "Your Sacred Constitutional Right to Refuse to Answer Questions Asked by Illinois or Federal Law Enforcement" »