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Misprision of treason

MISPRISION OF TREASON

CHICAGO CRIMINAL DEFENSE LAWYER

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CHICAGO, IL MISPRISION OF TREASON DEFENSE

See the relevant law at: 720 ILCS 5/30-2

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=1876&SeqStart=80300000&SeqEnd=80700000


Definition and Penalty:

Misprision of treason is when you know of evidence that someone has committed treason and you conceal your knowledge that they have committed treason. In other words, you do not turn them in for treason knowing they are guilty, or you deny they were committing treason when they did commit that crime and you should have known. This is a Class 4 felony with a one to three years prison sentence (three to six years if an extended sentence) and a $25,000 fine imposed upon conviction. Probation of thirty months may be available on circumstances.

How we can defend you against the charge of misprision of treason:

  • The prosecution must not only produce convincing evidence that someone has committed treason, but that had knowledge of that and that there is a trail of evidence linking you to that evidence in such a way that there is no ambiguity or doubt that you knew it was treason and did nothing.
  • We might claim you had no idea the people you helped were at war with the United States (or Illinois as part of that). 
  • We would exploit any ambiguity in the evidence to indicate you did not really commit treason misprision of treason or did not understand it as such or even that it should not be considered or judged as treason.
  • Perhaps that would make you guilty of another crime but not misprision of treason. We might impugn the testimony of any witnesses against you as liars or just show their testimony is dubious even if they are sincere.
  • We might get you to recant an earlier confession you made if that is evidence against you – that could be an ultimate example here of improperly obtained evidence.
  • We can try to that it was a case of mistaken identity (another did it). We might even show you thought you were trying to help your country by mistakenly going along with an investigation (see the Cullen Davis murder case in Texas where the defendant got off from a charge of attempted murder against a judge in the previous trial where he was charged and acquitted of murder).
  • We can file “motions to suppress” relevant evidence if that evidence that was wrongfully obtained against your rights or someone else’s or if it is somehow questionable in another way, thereby making it inadmissible and clearing you or at least minimizing the prosecution’s case so they concede or negotiate. 
  • If this evidence is admitted, we can argue at trial that the evidence or testimony is wrong or made up against you (someone is lying about being a witness to something you said or did) and therefore cause a reasonable doubt in the jurors’ minds.

 

 Prosecutors do not like to waste taxpayer's money on expensive public trials; we can possibly wrap things up in pretrial phase or if not, start negotiating from there for lesser charges and sentences for you. This is where having an experienced attorney to represent you and negotiate and speak for you can save years of your life and tens of thousands of dollars of fines and/or foregone income. It is worth it, and you deserve a good defense. 


Other lawyers so often talk of how they will “aggressively fight for you.” They are doing nothing more than basically quoting from the American Bar Association’s Rules of Professional Conduct about the principle of a “lawyer's obligation zealously to protect and pursue a client's legitimate interests, within the bounds of the law.” When you hire Phillip Haddad as your criminal defense attorney in Chicago or elsewhere in its suburban area, he will not only do his professional duty to zealously represent you but will get you the justice you deserve. His extensive experience in criminal defense will help you avoid conviction or else minimize the penalties. Call criminal defense attorney Phillip Haddad at 708-833-3505 as soon as possible if you are in legal trouble.

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