One of the critical decisions you will need to make in a criminal case is whether to take the case to trial or accept a plea deal. This can be a difficult decision to make, particularly if you are facing serious charges that could result in lengthy prison sentences and other significant penalties. To understand your options, consult a criminal defense lawyer and listen to their professional advice on how to proceed.

Considerations for Going to Trial

Here are some factors to consider when deciding whether to go to trial in a criminal case, including: 

• Strength of the evidence – One of the most important factors to consider when deciding whether to go to trial is the strength of the evidence against you. If the evidence against you is strong and convincing, going to trial may not be in your best interest. However, if the evidence is weak or questionable, it may be worthwhile going to trial and having a jury decide whether you are guilty or innocent.

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The last thing most drivers want to see in their rear-view mirror is flashing blue and red lights. Some drivers may even start to panic when they see the police are pulling them over. In a moment of fear or anxiety, the driver may speed off in an attempt to outrun the police. Alternatively, drivers who are not paying attention to their surroundings may not even realize police are attempting to pull them over for a traffic stop. Whatever the reasons, failing to pull over and stop the vehicle for police can lead to criminal charges for fleeing or attempting to elude police.

Fleeing and Eluding Police Officers in Illinois is a Criminal Offense

Illinois law requires individuals to comply with police directions. Police may use the vehicle's sirens, spoken directions, or other means to signal a driver to pull over. If the driver does not pull over, he or she may be charged with fleeing and eluding a police officer. Usually, fleeing and eluding is considered a Class A misdemeanor punishable by a maximum jail sentence of one year and a fine up to $2,500. If you are convicted of misdemeanor fleeing and eluding, you also face a six-month license suspension. It is illegal to drive any vehicle if your license is suspended and doing so can result in additional criminal charges.

Aggravated Fleeing and Eluding Police is a Felony

Fleeing and eluding police may be considered a felony offense if certain aggravating circumstances are present. You may face felony charges for failing to stop for police if one of the following is true:

Police recently arrested three teens who allegedly broke into several cars one night in Elmhurst, a town on the DuPage and Cook county border. Area residents called the police after seeing the teens pulling on car door handles. An investigation revealed that they allegedly gained entry to three cars and stole from one. Police charged the teens with one count of Burglary to a Motor Vehicle and two counts of Criminal Trespass to a Motor Vehicle.  Burglary involves an unlawful invasion of privacy. Furthermore, entering a property without permission can lead to violence between the offender and property occupants. For these reasons, burglary is considered a felony offense in Illinois. 

Burglary to a Motor Vehicle

According to the Illinois Criminal Code, there is only one definition for burglary. Burglary occurs when:

• An individual enters a building or structure without permission
• The individual intends to commit a felony or theft

Burglary is not limited to residential houses and apartments. The offense may involve a house trailer, aircraft, watercraft, railroad car, or motor vehicle. The law equates a vehicle to a residence because people could (and sometimes do) live in a vehicle. 

Civil rights groups are celebrating Illinois Gov. JB Pritzker for signing a number of measures into law designed to expand the rights of the LGBTQ community. These include updating insurance laws to include LGBTQ families, same-sex marriage guidelines, and repealing the controversial criminal transmission of HIV law. Before the recent change, individuals with HIV could face criminal charges for exposing others to the virus. 

Criminal Transmission Of HIV

State lawmakers passed the law in the 1980s, the height of the AIDS scare. However, critics have since argued that the law was misguided and criminalized those living with HIV. Under the previous law in the Illinois Criminal Code, you could be charged with a Class 2 felony if you knew you were HIV positive and you had sex without wearing a condom, gave blood, or simply bled on another person. If convicted, you could face up to seven years in prison and a $25,000 fine. Many critics argued individuals living with HIV faced the threat of prosecution even if they did not transmit the disease to another person. 

Now that the governor signed House Bill 1063, lawmakers say they are modernizing Illinois state law. They argued the law did nothing to decrease HIV infection rates and instead increased stigma against those living with the disease. State Sen. Robert Peters, a Democrat from Chicago, called the law “outdated, dangerous, and discriminatory” because it made the infected live in fear of legal consequences for “simply living their lives."

If you are apprehended by law enforcement for any criminal charges, including DUI, drug charges, assault, Internet sex crimes, or a wide variety of other criminal offenses, there are myriad ways that a police officer could fail to follow proper procedures during and after your arrest that could be used against the prosecution if your case goes to trial. Anything from use of excessive force to neglecting to read you your rights or corrupting the evidence collected at the scene, be it unintentionally or otherwise. However, in this age of the COVID-19 pandemic, even with the first round of vaccines already being rolled out, there is an increased likelihood of the police making some mistakes that could infect you with the COVID-19 virus. If that is the circumstance, you might get the case dismissed or you could win the case on that single technicality. Here is an overview of the potential in using coronavirus exposure as a unique criminal defense strategy for this unprecedented time in history.

Law Enforcement Procedures in Place to Cope with COVID-19 in Illinois

Both the Centers for Disease Control and Prevention (CDC) at the federal level and state health authorities, as well as city-wide governments throughout Illinois at the local level, have issued directives and guidance for law enforcement concerning properly handling arrests and jailing or imprisonment during the pandemic. Among the major changes in police officer behaviors and procedures due to COVID-19 are:

• The same advice given to civilians. Officers must maintain good hand hygiene by washing your hands/sanitizing yourself, do not touch your face, wear personal protective equipment (PPE like masks) whenever possible, and keep your distance at six feet whenever possible (within reason in the case of officers, provided it does not interfere with proper arrest and booking procedures).
• If COVID-19 exposure or infection is suspected, the police should notify the EMS so they can evaluate anyone who exhibits symptoms and take them to a healthcare facility for initial care.
• Disinfect belts, gear, and equipment regularly, especially if exposure is suspected.
• For jailing, if the alleged offender is exhibiting COVID symptoms or claims to have COVID, the officer must attempt to separate them from the other people in jail or working in the jail as often as possible, even if that means giving them their own cell whenever possible until the alleged offender can get tested for the virus.

If you suspect or witness the police blatantly or deliberately—possibly even maliciously—not following such safety guidelines, your experienced lawyer might be able to use that during his arguments in court.