Chicago Criminal Lawyer Blog

Avoiding a criminal conviction is one of the most important duties an Illinois criminal lawyer owes his client. This is because, under Illinois law, a conviction bars you from asking a court to destroy your record of arrest, also known as asking a court to "expunge" your record. Given the stigma associated with a criminal conviction and the increased use of background checks by schools and potential employers, this is unacceptable to many people.

The following are some ways to avoid a conviction through the negotiations process. One important note: you get the best deals by negotiating from a position of strength. This means investigating the facts of your case, doing the proper research, and knowing the weaknesses in the accusation against you.

1. Deferred Prosecution. One of the best ways to avoid a conviction and a guilty plea is through an agreement with the government's prosecutor for "deferred prosecution." This typically involves counseling, community service, or continuing education. For example, a person charged with soliciting a prostitute might agree to complete community service and attend health and safety education in exchange for the prosecutor dismissing the case. Once the case is dismissed you may qualify to immediately file a petition before a court to destroy the record of your arrest.

Traditionally, this type of arrangement was only available for misdemeanors. Recently, however, the Cook County State's Attorney unveiled a new Cook County Felony Deferred Prosecution Program. Under this program, non-violent first offenders can avoid a felony conviction if they, among other things, maintain a job, perform community service, stay out of trouble, and, if applicable, make restitution or attend drug treatment.

2. Supervision. Supervision is an agreement available in misdemeanors where the Defendant pleads guilty and agrees to stay out of trouble for a period of time; in exchange, no conviction is entered on your record. Supervision is less desirable than Deferred Prosecution because it requires a guilty plea. Although a guilty plea is not as bad as a conviction, it does require you in most cases to wait 2-5 years before you can petition a court to destroy the record of your arrest.

3. Special Probation. "Probation" usually means a conviction, however, not 710 probation or 410 probation. These are two types of probation where those charged with possession of small amounts of marijuana or controlled substances can avoid a conviction. The condition is that you, among other things, submit to periodic drug testing and perform community service.

4. Treatment as a Drug or Alcohol Addict. Because addiction is a disease, an addict is a victim, and it makes little sense to punish a victim. If you qualify, under the Treatment Alternatives for Safe Communities (TASC) probation, you may attend counseling, undergo periodic drug testing, or even be housed in an inpatient program. If you successfully complete the program you can avoid a conviction.

Although these alternatives to a record of conviction exist, it does not mean you necessarily qualify for them. Even if you do qualify, defendants in Illinois do not have a right of entry into these programs. Rather, it is at the discretion of the court and the government. To get into these programs, it is important to accentuate your positives in dealing with the government. Military service, a sincere desire to make amends, or an otherwise law abiding life provide some ammunition to get you into these programs. Nothing, however, is more powerful than negotiating from a position of strength, and the best way to do this is by finding the weaknesses in the accusation against you.

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" »

An important part of my work as a Chicago criminal attorney is devoted to helping men accused of solicitation of a prostitute. Some men arrested for soliciting a prostitute are falsely accused. Others know that they have made a mistake, often born of loneliness or despair, and merely want to minimize the damage the accusation could cause. This post gives the man who is going through this for the first time an idea of what to expect and how to proceed in the short and long term. While there is alot of information here, most of it unpleasant, the important thing to remember is that, if properly handled from the beginning, most solicitation of a prostitute cases can be either beaten or effectively managed.

There are two main types of solicitation of a prostitute charges. The Illinois law found in 720 ILCS 5/11-14.1 and the Chicago city ordinance found in 8-8-060. The main difference is that the Illinois law against soliciting a prostitute is (usually) a Class A misdemeanor punishable by up to a year in jail and up to $2500 in fines, while the Chicago ordinance against solicitation of a prostitute is punishable by twenty days to six months in jail and between $750-$1500 in fines.

If you were driving when you were arrested, you now know that Chicago police impound the cars of those arrested for soliciting a prostitute. In order to avoid storage fees adding up every day, you should immediately secure the release of your car from Chicago impound. You can then file a request for a hearing before a Chicago hearing officer. If the hearing officer finds that the vehicle was not subject to towing or removal under the Chicago code, you can, in most cases, get your towing and storage fees refunded.

If you were arrested by Chicago police, not the Cook County Sheriff, expect to have your name and picture posted on the Chicago Police website for men arrested in Chicago for soliciting a prostitute. The use of this odious modern day version of the "scarlet letter" means that, in order to protect yourself, you must confront an accusation of soliciting a prostitute in Chicago vigorously. Pleading guilty to solicitation of a prostitute in Illinois should be considered only as a last resort.

Finally, if you have been arrested and charged with soliciting a prostitute and are concerned with keeping the arrest private, keep an eye on your mailbox. Some lawyers search courthouse records regularly for the names and addresses of the recently arrested and send them pamphlets and letters in the mail advertising their services. (Shepherd Law Office does not).

Now that you have educated yourself and know what to expect in the short term, it is time to start preparing for your upcoming court date. Whether you want to beat a solicitation of a prostitute charge or are interested in settling, you need to know how strong or weak your case is, whether anything needs to be done now before court, and what settlement options are available.