Warrants are generally issued by a judge for one of three reasons: to arrest someone suspected of a crime, to search a suspect’s property (usually a home, vehicle, office desk), in order to obtain evidence, or if someone has missed a court date. Just cause is required for a judge to issue a warrant. If a warrant has already been issued for your arrest or to search your property, you absolutely need a quality Chicago warrant defense attorney.
There are various types of Illinois warrants issued by a judge. The first type is a Chicago or Illinois arrest warrant and the second type is a Chicago or Illinois bench warrant. A Federal judge or a State judge may issue warrants. The Chicago warrant attorneys at the Law Offices of David L. Freidberg are experienced in handling Chicago warrants and DuPage County and Lake County warrants. They will work to have the warrant cancelled or recalled and quashed by the court, allowing you to remain free from custody. As a 20 year veteran of the Illinois criminal court system, David L. Freidberg specializes in providing an aggressive defense for all Illinois warrants. The judiciary, as well as the State’s Attorneys, recognize Mr. Freidberg as a top-notch Chicago warrant attorney.Arrest Warrant
An arrest warrant is a court order issued by a judge for the arrest or detention of an individual after a crime has been committed. Typically, a warrant will be issued after an investigation by law enforcement. A judge has the duty to consider the facts as presented to him or her and determine whether there is a reasonable suspicion that a crime has been committed, and the person named in the warrant was the person involved in the crime, If the judge so determines the above, he or she will execute the arrest warrant. Once a Chicago warrant is executed, the police or sheriff has the right to detain the person named in the warrant. They will go to your home or office to take you into custody. This will ensure that a person will appear in court to appear before a judge. A warrant may require that a significant bond be posted before a person may be released. The bond is a guarantee that the person will return to court. In some cases, a judge will issue an arrest warrant with no bond, depending on the circumstances.
In many cases, bond will be more then what someone arrested can afford. Your Chicago warrant attorney can file a motion to reduce bond and argue to the court to have the bond lowered so that you may afford to post bond and remain out of custody.
As you may expect, once your are placed in the custody of law enforcement, the police will attempt to get a statement from you regarding the crime. It is imperative that you immeidately hire a criminal defense attorney who has significant experience in handling these cases. If you do so in a timely manner, it will be virtually impossible for the police to take a statement from you. Remember that any statements that you make can and will be used against you in a court of law.
Illinois warrant attorney David L. Freidberg has been able to convince even the toughest judges to release individuals on their own recognizance (I-Bond) who have been arrested on a warrant. This means that the person will have to promise to appear for a future court date. Those persons arrested that have no criminal background and have a lesser or non-violent charge often receive I-Bonds through our office.Bench Warrant
If a defendant who has posted bond, and is scheduled to appear in court fails to do so, the judge can issue an order called a bench warrant. When a person posts bond to be released from jail one of the main conditions of that bond is that the defendant promises to appear in court on each and every court date. As long as the defendant appears in court, he or she has no fear of being placed in custody by the judge. If the defendant fails to appear in court on his or her scheduled court date, and does not have a valid reason for failing to do so, the judge will issue a bench warrant for his or her arrest. That is a virtual guarantee. Failing to appear in court tells the judge that you have no respect for the court process or the judge himself. Once the bench warrant is issued, law enforcement is required to immediately located and arrest the defendant. Once the arrest of the defendant is effectuated, he or she will be brought back before the judge and the judge will determine the punishment. The punishment can range from a slap on the wrist, an increase in the defendant’s bond or in a worse case scenario, the judge could order the defendant to be remanded into the custody of the jail for the remainder of the case. A revocation of your bond would be a detriment to your employment, family and your freedom.
There are also circumstances where a witness to the crime could have a bench warrant issues against him or her. For instance, if a witness is subpoenaed to appear in court for a motion or trial, and fails to do so, the judge could issue a warrant for failure to appear. A subpoena to appear specifically states: YOUR FAILURE TO APPEAR IN RESPONSE TO THIS SUBPOENA WILL SUBJECT YOU TO PUNISHMENT FOR CONTEMPT OF THIS COURT. The purpose for the bench warrant is to ensure the court appearance of the person charged with a crime, or a witness, to appear in court.
If a bench warrant has been issues against you or a loved one, an experienced Illinois bench warrant attorney should be retained immediately. David L. Freidberg has been representing criminal defendants for over 20 years and has the necessary experience and legal prowess to have this bench warrant quashed and removed. Failure to do so could result in a higher bond being placed on your freedom or possible jail time for the remainder of the case. Additionally, the judge could impose additional fines.
Those subject to a bench warrant need to take extreme precaution as law enforcement has now been tasked with locating you and bringing you back to court. For instance, if you are stopped for a simple traffic citation, you will immediately be taken into custody. The police officer does not have the discretion to release you, or allow you to contact an attorney until you are booked into jail. Once you are booked, you will be allowed to contact your Chicago bench warrant attorney. This is clearly an unacceptable alternative to having your attorney handle the issue. It is always preferable to have your attorney bring you into court to explain the circumstances of your failure to appear in court.Hiring an Aggressive and Experienced Chicago Warrant Attorney
At The Law Offices of David L. Freidberg, we have extensive experience in working with clients who have warrants outstanding or who have already been the subject of an executed search warrant or arrest warrant. Whatever the nature of the suspicions against you, or if you’ve already been charged with a criminal offense, our years of defending criminal charges in Chicago have resulted in a track record of success. The time to obtain quality legal counsel is right now, while warrants are still being obtained and your Chicago warrant lawyer from The Law Offices of David L. Freidberg can begin the investigative and analytical work necessary to earnestly and expertly build the strongest defense available.
We know that the prospect of a criminal charge can be frightening. We also understand that you may be experiencing an incredible temptation to just ignore the situation in the hopes that it will go away. A Chicago warrant lawyer from The Law Offices of David L. Freidberg will be by your side every step of the way to defend you and protect your rights.Contact David Freidberg today at 312-560-7100 to speak with a lawyer today for a free consultation. We are available 24 hours a day, 7 days a week.