The village of Oak Brook is almost in the middle of the Chicagoland suburbs. Most residents just want to work hard, love their families, and live the life they want to live. On the weekends, they usually enjoy an afternoon at Mayslake Peabody Estate Forest Preserve or one of the other area’s parks. We understand these things because many of the people on our professional team are from Oak Brook or a nearby community, like Elmhurst or Downers Grove.
A federal criminal charge often shatters this quiet lifestyle like a brick shatters a plate glass window. Frequently, defendants have no idea that they were under investigation by federal authorities until these authorities make an arrest. Federal law contains a number of collective liability laws, such as RICO. Under the Racketeer Influenced and Corrupt Organizations Act, if any member of a group or organization commits a felony that is somehow related to that group, everyone in it may be charged with felonies. This is true whether or not they knew what was going on.
If you or a loved one is thrust into this scenario, you have a number of choices in terms of legal representation. There are hundreds of criminal defense lawyers in Chicagoland. Some are in private practice and some work with the Public Defender’s Office.
Still, others work for the U.S. Attorney in Chicago. These lawyers are experienced attorneys who are also veteran prosecutors. They are not political appointees with questionable credentials. Additionally, the U.S. Attorney’s Office employs a small army of investigators and other professionals whose sole job is to convict as many defendants as possible.
The fearless Oak Brook federal criminal defense lawyers at The Law Offices of Vadim A. Glozman are not intimidated by prosecutors. Instead, we simply go about our business. That means thoroughly yet quickly evaluating your case, finding all possible defenses, and then leveraging those defenses to obtain the best possible outcome. The end result usually minimizes or eliminates the harsh direct and indirect consequences of a federal criminal conviction.
Why You Need an Oak Brook Federal Criminal Defense Lawyer
The Sixth Amendment guarantees your right to a lawyer. But it does not guarantee you a lawyer. That’s a subtle difference many people do not appreciate.
When you work with The Law Offices of Vadim A. Glozman, you have choices. We highly encourage defendants to speak to several lawyers before they sign contracts. In fact, we rarely execute retainer agreements after the first office visit. Instead, we encourage people to look for a lawyer with the right combination of:
- Experience: Years of experience, the most common measuring stick in this area, is often deceptive. Many attorneys practice law for many years and hardly ever try cases. Instead, they look for the easy way out. Your lawyer should work to settle cases out of court, but your lawyer should be ready, willing, and able to go the distance if necessary.
- Size: “Lincoln Lawyers” whose offices are their briefcases are often overmatched in federal court. But do not go too far the other way. Large firms often assign cases to less-experienced associates or non-lawyer paralegals. Clients usually have no input into these assignments.
- Dedication: Federal criminal defense should not be a sideshow for a lawyer. The procedural and evidentiary rules are far too complex. Moreover, criminal defense requires a passion for the defense of individual rights. Without this enthusiasm and zest, criminal defense lawyers simply cannot function effectively.
At The Law Offices of Vadim A. Glozman, we have the right combination of experience, size, and dedication. Furthermore, we have the confidence to successfully resolve your federal criminal charges.
Matters We Handle
Mostly because of a weakness in one of the above areas, many Oak Brook federal criminal defense lawyers only handle a few matters. This area of law is overwhelming, both emotionally and logistically. It’s very easy to get in over one’s head. But at The Law Offices of Vadim A. Glozman, we handle a vast array of matters, such as:
- Immigration Fraud: In the post-9/11 world, investigators are very aggressive in this area. Investigators essentially assume that noncitizens are here illegally. When they start looking for evidence, they are not looking for proof to exonerate you. They are looking for proof to convict you. Additionally, investigators do not hesitate to hand these matters to prosecutors.
- Healthcare Fraud: This area of law is not too far behind immigration fraud, especially in terms of prosecutorial aggressiveness. Healthcare is such a big issue that the United States Attorneys in charge of these matters are anxious to bring these matters to court. USA’s are usually political appointees who are very sensitive to which way the wind is blowing. As a result, prosecutors often file rather weak cases in order to make headline news.
- Drug Crimes: Drug cases at the state level are changing in Illinois. But at the federal level, these cases are essentially unchanged. The War on Drugs has faded into the background, but it is far from over. Prosecutors often overcharge these matters. For example, cases that probably shouldn’t be filed become drug possession matters and strong drug possession cases become distribution or trafficking infractions.
- Violent Crimes: If assaults, murders, or other such crimes occur on federal property or involve a federal elected or unelected official, they suddenly become federal cases. Although the potential penalties are indeed scary in these cases, a number of successful resolutions are available.
We also represent clients who are accused of bribery, embezzlement, money laundering, and other white-collar crimes in Illinois.
Defenses in Criminal Cases
In one way or another, the three main defenses in criminal cases revolve around the presumption of innocence. Essentially, under the law, every defendant who initially stands in front of a federal judge is falsely accused. So, prosecutors must amass an almost overwhelming amount of evidence to obtain convictions in these matters.
Authorities must follow the rules set out in the Fourth and Fifth Amendments as they investigate criminal matters. Typically, multiple persons from multiple departments are involved in these investigations. Frequently, more than one agency is involved as well. These individuals, departments, and agencies often do not communicate very well. Many times, someone assumes that someone else has dotted all the i’s and crossed all the t’s.
The Fourth Amendment’s search warrant requirement may be one of the most precious rights in the Constitution. It concerns both criminal rights and property rights, two issues that gravely concerned Americans at the time this document was written, and still gravely concern them today.
Many law enforcement investigators think of a search warrant as simply another bit of paperwork that goes into a file. But Fourth Amendment compliance is not a matter of going through the motions. Instead, warrants must be based on affidavits that indicate probable cause.
Investigators often have almost no physical evidence at this stage. That’s the reason they are applying for a search warrant in the first place. So, instead of concrete proof, search warrant affidavits are often based on circumstantial evidence. Law enforcement investigators have a great deal of discretion in this area since the burden of proof is somewhat low. But this discretion is not unlimited.
If the evidence is too weak, perhaps because it is entirely circumstantial and relies heavily on a paid informer’s information, a judge may disallow it.
The Fifth Amendment contains a number of important criminal defense rights, including the right to remain silent. This right includes physical silence as well as verbal silence. Before authorities force suspects to appear in lineups or pose for photographs, they must give the appropriate Miranda warnings.
The burden of proof in a criminal case is beyond any reasonable doubt. That’s the highest burden of evidence in the law. A DUI collision on federal property, like a military base or national park, illustrates how this burden of proof works.
Frequently, there is a lack of evidence as to the “driving” portion of a DUI in these cases. Generally, unless they are seriously injured, defendants do not remain in their vehicles in these situations. Instead, they get out and render aid if possible, as required by Illinois law.
Therefore, the responding police officer did not see the defendant driving or operating the vehicle. Unless a separate, credible witness “wheels” the defendant (saw the defendant driving the car at or near the time of the crash), the case will most likely fail because of a lack of evidence.
Common affirmative defenses include consent, entrapment, and self-defense. To use these defenses, an Oak Brook federal criminal defense lawyer must admit that the defendant engaged in the conduct alleged in the case, but that the defendant had a legal excuse.
Consent often involves vagueness. Frequently, owners spell out authorized uses of a credit card, company car, or other property. But they do not spell out unauthorized uses. In other cases, owners grant temporary consent and never revoke it.
The entrapment defense applies if an undercover or other officer entices the defendant to commit the crime and the defendant had no predisposition to commit the offense. Enticement could be direct or indirect. The second prong of this affirmative defense is rather difficult to prove in court.
Contact a Dedicated Cook County Federal Criminal Defense Attorney
When you work with the aggressive, strategic legal team at The Law Offices of Vadim A. Glozman, the objective is to always secure a not guilty verdict or complete dismissal of charges. If these things aren’t possible, we engineer the most advantageous plea deal.
Federal or state criminal charges can be unnerving and frightening, but a number of successful resolutions are available. For a confidential consultation with an experienced federal criminal defense lawyer in Oak Brook, do not wait to contact The Law Offices of Vadim A. Glozman by calling 312-726-9015. We routinely handle matters in Kane County and nearby jurisdictions.