With the summer months approaching and Memorial Day as the first holiday travel period of the season, Chicago law enforcement officers typically expect more motorists to be on the road. Traditionally, there is a rise in DUI deaths and injuries during this time of the year with many high school and college graduations, parties and [...]
Read MoreDUI traffic stops seem to be everywhere but there are steps you can take to prevent being pulled over. Some minor planning and awareness can save you a lot of trouble and money. Maintain your car and lights. A broken taillight will cause a police officer (especially at night) to pull you over and that [...]
Read MoreIf you are pulled over by a police officer there must be a lawful reason. There are various reasons and some include, speeding, veerying off the road, swerving without reason, headlight(s) out, broken tailight, tinted front windows, not reducing speed or heeding caution in hazardous conditions, involvement in a traffic accident. If you were involved [...]
Read MoreA recent Illinois Appellate Court decision in People v. Neal, No. 1-09-2814 (June 29, 2011) Cook Co., 3d Div. is just another example of the current eroding of the Fourth Amendment. A Chicago Police Officer detains a man who is out on the yelling “blows”. He never sees the defendant with any drugs or money [...]
Read More delivery of a controlled substance, drugs, felony, first amendment, Fourth Amendment, heroin, PCS, possession of a controlled substance, probable cause, search and seizureThere are many collateral consequences involved when someone is charged with a criminal offense that many people do not give appropriate consideration to when handling their case. What is a collateral consequence? It is any consequence of the criminal charge outside the court consequences, which I will call direct consequences. An example of a direct [...]
Read More Aggravated DUI, court supervision, defense attorney, deportation, Domestic Battery, domestic violence, driving on a supsended license, drugs, DUI, DUI blood draw, DUI conviction, misdemeanorThe 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 billMany people enter the criminal justice system in the chicagoland area and they have no idea what the procedure is and the normal timeline for a criminal case. In fact, some criminal defendants who come to court with no attorney or an attorney who has not explained the process to them do not even know [...]
Read MoreThis is an interesting story from the Daily Herald: http://www.dailyherald.com/story/?id=405169. A woman is suing the police and the Lake County State’s Attorney’s office for malicious prosecution and wrongful arrest for DUI. She was pulled over for DUI and Police and the State’s Attorney’s Office obtained a warrant to take her blood. She refused to comply [...]
Read More Blood Alcohol Concentration, constitutional rights, DUI, DUI blood draw, Fourth Amendment, probable causeOften times criminal defendants and their attorneys think that court supervision is the best solution for a client and should always be taken if offered by the prosecution. In most cases, supervision is a very good disposition of the case. It does not involve any jail time. It is non-reporting, so you don’t have to [...]
Read More court supervision, deportation, Domestic Battery, DUI, expungement, Reckless Diving