The attorneys at Sreenan & Cain collectively possess unparalleled experience in the litigation of criminal cases.  Throughout his career, Dan Cain has successfully counseled and tried to jury thousands of state and federal criminal cases.  Attorneys Debra Schafer, Randy Wilt, Peter Nolte, and Chris DeRango, all excellent and experienced trial attorneys, have similarly litigated the most difficult and complex criminal cases with success second to none.  The lawyers at Sreenan & Cain have successfully handled and tried by jury virtually every type of criminal case including capital murder cases, drug cases, cases involving sexual allegations, property crime charges, weapons charges, driving under the influence (DUI), reckless homicide and traffic matters.  Several of our attorneys are certified to handle Illinois capital cases.  We have practiced throughout Northern Illinois but most frequently practice in the counties of Winnebago, Boone, Ogle, DeKalb, Stephenson, Lee and McHenry.  Our expertise extends to representation of matters in trial courts at the state and federal levels as well as appellate courts. 

If you or a loved one are being criminally investigated or charged it is in your best interest to retain the most knowledgeable and experienced attorneys that you can find.   We are confident  that you will agree that only the law firm of Sreenan & Cain can best protect you from criminal prosecution, and we invite you to make independent inquiry into our reputation for outstanding representation. 

The Court Process - State Court 

Whether you are charged with a crime, have a family member charged with a crime, or are merely a witness in a case, the court process can be intimidating and unforgiving.  The attorneys at Sreenan & Cain, P.C. have time and again helped and counseled those with matters pending in court.  Backed by this experience, Sreenan & Cain attorneys will see to it that your experience is as smooth and unintrusive as possible.  With that in mind, it is important for you, no matter the reason you are in court, to have an idea of the general procedure.

If a crime has been committed, or if the police believe a crime has been committed, the officer will arrest the person who he or she believes committed the crime.  Both prior to and after arrest, the accused does not have to answer questions from the police officer, other than basic pedigree questions such as your name and date of birth.  Also, at anytime the accused can ask for an attorney. 

Depending upon the nature and type of crime, a bond amount will be set.  In Illinois, the accused typically will be released from custody upon paying ten percent of the bond plus a $15.00 fee.  If the accused cannot post bond, he or she will remain in custody and is entitled to at least one hearing to request a lower bond amount. 

Regardless of whether or not the accused bonds out, he or she will appear in court for an arraignment.  At the arraignment, the accused is informed of the charges, his or her rights, and the possible penalties he or she faces.  Further, at this time the accused will either plead guilty or not guilty. 

Generally, the next step in the process is the pre-trial stage.  At this stage, the prosecution and the defense will exchange discovery and will discuss whether or not the case can be resolved short of trial.  It is also at this stage where each side will file and have a hearing on any pre-trial motions they may have.

Assuming the case is not resolved at the pre-trial stage and all the pre-trial motion hearings are complete, the case will move to the trial stage.  At trial a person can be tried by either a judge or a jury.  Regardless of the type of trial, the prosecution has the burden of proving the accused guilty beyond a reasonable doubt.  Thus, the prosecution will introduce its evidence first, and the defense will follow the prosecution with its own evidence. Ultimately then, based on this evidence and the arguments of the attorneys, the judge or jury will decide the case.  In the event the accused is convicted, he or she will then be sentenced by the judge.  It is from this - the trial and the sentence - that the defendant can appeal the decision to a higher court. 

Federal Charges 

In federal court, persons charged with crimes face sentencing that has more to do with mathematics than a judge's discretion.  Under the Federal Sentencing Guidelines, every offense is assigned a number which is referred to as the "Offense Level."  The offense level number along with a separate category based upon the number of prior convictions, referred to as the "Criminal History Category," taken together determine the range of sentence to which a defendant may be sentenced.  As an example, a person with an offense level of 13 with only one prior conviction faces a sentence of 12 to 18 months of confinement in a Federal Bureau of Prisons facility.  However, the same offense committed by a person with 13 or more qualifying convictions requires a sentence of 33 to 41 months in prison.  Whatever the final sentence range, it is only within the boundaries of that range that the judge may exercise discretion in imposing a sentence. 

Drug charges 

A person charged with violating the Illinois Controlled Substances Act can be charged in a variety of ways.  It can include a variety of substances (e.g. cocaine, cocaine base or "crack", heroin, LSD, Ecstasy, methamphetamine, to name a few) and a variety of acts (possession of a controlled substance, possession of a controlled substance with intent to deliver, possession of a controlled substance with intent to deliver within 1,000 ft of a protected place such as a school, park, housing project, etc.). 

The penalties are as varied.  In state court, they range from class 4 felonies to "triple super" class Xs.  Some charges have probation as a possible sentence while other charges require a prison sentence. 

Forfeitures 

The Fifth Amendment of the United States Constitution states that no person shall "be deprived of . . . property, without due process of law."  However, the Supreme Court has said that property can be seized by the government without an arrest or conviction.  In other words, if the police suspect you possess drugs and obtain a warrant to search your house, but only find money, they can nonetheless seize your money.  In this situation, you are often left to prove that the money has no link to criminal activity. 

The attorneys at Sreenan & Cain are intricately familiar with the forfeiture laws and in your case will make sure the government does not run roughshod over your rights. 

Domestic Violence

"Domestic violence" is not the name of an actual offense.  Instead, it is a broad category meant to include any offense, felony or misdemeanor, in which the listed victim is a family or household member.  This category can include offenses such as domestic battery, violation of an order of protection, disorderly conduct, aggravated battery, stalking, unlawful restraint, involuntary manslaughter and first and second degree murder. 

This is a rapidly changing area of the law.  New offenses and stiffer potential penalties have been added each year.  For example, a person with a conviction for a domestic violence-type offense who is charged with a second or subsequent offense against a family or household member can now be charged with a felony.  In recent years, not just penalties have been enhanced but new offenses, such as aggravated domestic battery, have been added.  Of particular concern is the provision in the law which requires that a person arrested for domestic violence appear before a judge before bond is set.  That can mean as much as a three or four day stay in jail on a holiday weekend just waiting to appear before a judge. 

Police are often called to sort out the friction of daily life.  Nowhere is this more evident than in domestic settings.  The state of the law is such that when the police are called to a domestic disturbance, they often err on the side of arresting someone as sort of a "quick fix" for the problem.   While this may be a good practice in some situations, there are often times when  people are arrested and charged with a crime even though there was no physical violence or the truth of what happened has not come out. 

At Sreenan & Cain, P.C. we have experience in dealing with domestic violence cases both as felonies and misdemeanors.  If you have been charged with an offense alleging domestic violence and would like to speak to one of our attorneys, or if you have any further questions, please contact us using any of the options listed under the "Contact Us" section of this web site. 

Sexual Misconduct Allegations 

Allegations of sexual misconduct, often referred to as "sex cases" and laws relating to them are a rapidly changing area of the law.  Amendments to the law in recent years, such as the Sexually Violent Persons Commitment Act, mandatory consecutive sentences and sex offender registration, have dramatically increased the complexity of these cases and raised the stakes if a person is convicted. 

Common offenses in this category include criminal sexual abuse, aggravated criminal sexual abuse, criminal sexual assault, aggravated criminal sexual assault and predatory criminal sexual assault of a child. 

Common issues in cases such as these can include whether the police had the right to search and seize your property; whether the police violated your rights when you were questioned; whether statements made by a child victim to another person are admissible; whether a child victim may be allowed to testify via closed circuit television; whether DNA evidence is available; and whether the proper procedures were followed in conducting an identification procedure.