The Illinois General Assembly has passed a new law allowing for deferred prosecution for certain non violent, probationable felony offenses. This is a great new law for people charge with felonies such as retail theft, theft, burglary, and possession of a stolen motor vehicle, forgery, possession of cannabis, and possession of a controlled substance, among [...]
Read More Aggravated DUI, Burglary, Domestic Battery, felony, Forgery, Non violent felonies, possession of a controlled substance, Possession of a stolen motor vehicle, Possession of cannabis, Probation, retail theft, theftThe first questions clients have when they get convicted of a DUI are how and when can I drive again. Well, the fastest way to get back behind the wheel of a car is to get a restricted drivers permit(RDP). If this is your first conviction, you can get a RDP as soon as you [...]
Read More DUI, DUI convictionThere are two categories of crimes in most jurisdictions, misdemeanors and felonies. Misdemeanors are crimes where jail is an allowable sentence, but the maximum sentence is 364 days in jail. Felonies are any crimes were the maximum sentence is greater than 1 year. While misdemeanors are serious and do carry consequences with them, a felony [...]
Read More Aggravated DUI, Blood Alcohol Concentration, court supervision, DUI, DUI conviction, felony, misdemeanor, Reckless DrivingA 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 seizureInteresting 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 stopThe 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 MoreOften 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 DivingThe Illinois Supreme Court recently ruled that a strip club could be sued for allowing a patron to drive drunk. The patron then crashed into a car in oncoming traffic, killing that motorist and her unborn child, as well as the passenger in his car. See http://www.suburbanchicagonews.com/beaconnews/news/2110464,Diamonds-strip-club-lawsuit_AU031810.article. While I feel terrible for the victims and [...]
Read More Aggravated DUI, DUI, Reckless Driving