There is a lot of misinformation out there concerning expungements in Illinois. I get many phone calls from people who assume they are eligible for expungement but they are not. Here, I will attempt to give a little more information about expungements. This is by no means a full explanation of expungements, just some common [...]
Read More Aggravated DUI, assualt, battery, court supervision, Domestic Battery, DUI, DUI conviction, Reckless Driving, retail theft, theftUnfortunately equal protection under the laws does not necessarily apply to someone who gets an out of state DUI. In Illinois, first time DUI offenders can receive a sentence of supervision. If the conditions of the supervision are completed satisfactorily, the Secretary of State will not revoke the DUI offender’s driver’s license. Unfortunately, most states [...]
Read More court supervision, DUI, DUI convictionIn Illinois, a first time DUI offender is ELIGIBLE for supervision. As long as you complete your supervision period successfully, usually meaning completion of all alcohol classes, payment of fines and no new arrests, the Illinois Secretary of State will not revoke your driver’s license. Upon first conviction for a DUI, the secretary of state [...]
Read More driver's license, driver's license reinstatement, driver's license revocation, DUI, DUI conviction, RDP, restricted driving permit, supervisionWhat is a Statutory Summary Suspension? When a driver is arrested for a DUI, he/she is asked by the police officer to submit to a breath, blood, or urine test to determine if their blood alcohol concentration (BAC) is greater than .08 or if there are any drugs in their system. If the driver is [...]
Read More BAID device, Blood Alcohol Concentration, DUI, MDDP permit, statutory summary suspensionIs blood spatter evidence in a murder case real evidence or “junk science.” All I would say is I hope the prosecution has more evidence than this to make their case. Also, why the delay in charging the defendant? Will large amount of drugs found hold up in court when anonymous tip led to their [...]
Read MoreInteresting article in the Tribune today detailing how drug sniffing dogs are not always correct in alerting for drugs on a traffic stop. See http://www.chicagotribune.com/news/local/ct-met-canine-officers-20110105,0,6649157,full.story This is certainly an alarming problem because the Supreme Court has stated that the police can have a drug sniffing dog sniff the outside of a car on a traffic [...]
Read More Aggravated DUI, drug sniffing dogs, drugs, DUI, Fourth Amendment, narcotics, racial profiling, traffic stopHaving talked to many clients as a defense attorney handling domestic violence offenses and to many victims as a prosecutor, I have learned that there is a lot of misinformation out there concerning how the court system handles domestic violence cases. This blog hopefully will clear up some of those misconceptions. When a defendant is [...]
Read More Domestic Battery, domestic violence, order of protectionThe next stage in the progression of a criminal or traffic case is a bench or a jury trial. If the matter is set for a bench trial, a judge will hear all of the evidence introduced during the trial and make a finding of guilty or not guilty. In a jury trial, 12 people [...]
Read More Aggravated DUI, bench trial, defense attorney, Domestic Battery, DUI, jury instruction, jury trial, prosecutorThe next stage of a felony criminal or traffic case is the arraignment. It is at this hearing where the defendant is read the formal charges against him or her. The defendant must then enter a plea of guilty or not guilty. If the plea is guilty, either through an agreement negotiated by the defendant’s [...]
Read More Aggravated DUI, Answer, arraignment, DUI, DUI blood draw, indictment, Information, Motion for DiscoveryThe next court date for a criminal defendant charged with a misdemeanor offense is generally a status date for the defendant to have his defense attorney file an appearance and request any evidence in the case that the State will be using against the defendant. If the case is going to result in a plea [...]
Read More arraignment, Domestic Battery, drugs, felony, grand jury, indictment, misdemeanor, preliminary hearing, probable cause, true bill