Criminal Law

The intersection of criminal and family law:

Criminal law and family law may appear to exist in entirely different realms within the legal system. However, the two often interact in a multitude of different ways.

When multiple cases move through the legal system at once, especially in different courts, there can be conflicting orders. For instance, a parent might have filed for divorce against their ex-spouse because of domestic violence allegations. While the authorities were investigating, the divorce was finalized and limited visitation was awarded to the accused abuser. If a criminal case is brought in criminal court against the accused abuser and a judge issues an Order of Protection, the parties are left with two conflicting orders. The question then arises as to whether the accused can continue to have visitation or if the criminal orders take precedence. A family or criminal law attorney can aid both parties in understanding the particular circumstances of the case and the course of action to pursue.

Criminal law can appear in family law proceedings in unassuming ways. Say there are two parties to a divorce: Party A and Party B. Before filing for divorce, Party A decides to investigate Party B in order to find proof of assets, infidelity, or any other indiscretion. Party A locates and examines Party B’s password-protected emails. Party A even goes so far as to clone Party B’s laptop and phone.

While Party A may have had good intentions and acted proactively to ensure that Party B could not deceive them or hide any assets, Party A may have infringed upon both state and federal wiretap laws. A criminal proceeding would then commence alongside the family-law divorce case.

Finally, and perhaps most prevalent, criminal and family law intersect in cases of domestic violence. A pending domestic violence charge can influence a family law proceeding, resulting in reduced visitation and loss of custody.

If you are experiencing domestic violence, please call the State of Illinois Domestic Violence Helpline at (877) 863-6338.

FAQs

  • Criminal law encompasses a wide variety of cases and is handled by a criminal law attorney. Most often, it is the type of law that is the subject of television and movies. However, not every case is criminal and not every case goes to trial. A “crime” is the act of violating a law of a legal jurisdiction whether it is at the village, county, state or federal level of law enforcement. Criminal proceedings focus on punishing the individual who has committed a crime, making crime victims whole and protecting the public.

    States are generally given the authority to develop their own criminal codes of procedure. These codes define criminal offenses and can vary greatly from state to state. State criminal codes of procedure are supplemented by the Federal Code of Criminal Procedure, which enumerates codified criminal laws enacted by the United States Congress. A criminal law attorney helps clients achieve the best solution to fit their individual circumstances. Federal law is consistent among all the states and can include the following charges:

    • Use of chemical weapons

    • Counterfeit currency

    • Embezzlement

    • Espionage

    • Genocide

    • Child pornography

    • Kidnapping

  • We represent clients at every step of the criminal legal process. We have practiced and tried cases in every area of criminal law, including traffic offenses, misdemeanor charges, felony offenses, sexual assault cases, domestic battery offenses, orders of protection, theft offenses, DUIs, murder charges, and juvenile court cases.

  • Cases ordinarily begin with an introductory phone call where we intake general information about the client and the legal issue. If the case involves a Felony Offense, the criminal law attorney will appear on behalf of the defendant at the Bond Court hearing. If the case involves a Misdemeanor, the attorney will first appear in court at the Arraignment date. The attorney will enter a plea of not guilty and request discovery documents. Discovery documents include police reports, which the client and attorney will review and determine whether an investigation is necessary. The attorney will then advise the client on how to proceed. The factual circumstances of the situation are crucial to the representation.

  • The time frame for the full course of litigation depends largely on the complexity of the case. Usually, the process will last between 90-180 days. However, this estimation is not guaranteed. For simpler cases, the issue may be resolved in one court appearance. For others, it may take months of investigation. The criminal law attorney will work with the client to ensure that the process is as efficient as possible.

  • He who knows the facts wins the case. Attention to detail is extremely important in criminal law cases and knowing the facts is critical. Make sure to know the who, what, when, and how of the matter. Who was involved in the situation? What happened? When did it happen? How did it come about?

  • Begin investigating quickly and prior to the prosecuting authority, such as the State. There can be an incredible time lag between the police investigation, the charging of the offense and trial. Hiring the right person to gather fresh facts and mitigate the situation can make all the difference.

  • Do NOT speak to the police. It is important to be courteous and polite but to immediately ask for your attorney — especially if you are innocent. Behaving respectfully ensures that the situation does not escalate. The police will ask you questions that may seem straightforward but in reality, they may be looking to gather other critical information that you are unaware of. It is completely legal for the police to lie to secure a confession. The best way to defend against this is to immediately call your criminal law attorney and remain silent.

  • Do not agree to a search unless the police present you with a valid search warrant. They cannot legally proceed with a search unless they have probable cause that a crime was recently committed or a valid warrant. Contact your criminal law attorney for guidance.

  • An Order of Protection is an Order from the Court that prohibits a party from doing something. This can include stopping abusive acts, staying away from the victim and other people protected by the order (such as children), stopping contact with the victim, paying child support, enforcing attendance at counseling, returning or staying away from the property and/or moving out of a shared home.

    Any person who has been or is being abused by a family or household member is eligible to apply for an Order of Protection.

    You can apply for an Order of Protection by:

    • Contact a local domestic violence program and ask for help. This can be done through the State of Illinois Domestic Violence Helpline at (877) 863-6338.

    • File at your local circuit clerk’s office in civil court.

    • Contact a lawyer to file an Order of Protection on its own or as part of a divorce.

    • Request a criminal Order of Protection by a state’s attorney.