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Unlawful Restraint

UNLAWFUL RESTRAINT

CHICAGO CRIMINAL DEFENSE LAWYER

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CHICAGO, IL UNLAWFUL RESTRAINT DEFENSE

The relevant law may be viewed at: 720 ILCS 5/10-3

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=072000050HArt.+10&ActID=1876&ChapterID=53&SeqStart=12600000&SeqEnd=14100000


Penalty: 

This is a Class 4 felony with a sentence of one to three years of incarceration. An extended sentence of three to six years is also possible, as is a probation sentence of thirty months and a $25,000 fine.


Definition:

You are guilty of unlawful restraint when you intentionally and deliberately detain someone without having the legal authority to do so.

How we can defend you against a charge of unlawful restraint:

  • We can try to show that it was a case of mistaken identity (another did it). We might even show you were trying to help your country by 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 restrained) 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.

FREE REVIEW OF YOUR CASE WITH A PROFICIENT CRIMINAL DEFENSE ATTORNEY

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