The 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 MoreTimeline of a Criminal Case (Part 3)
The 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 DiscoveryAttacking Field Sobriety Tests at a DUI Trial
When a motorist refuses to take a breathalyzer test, field sobriety tests are often a very important piece of evidence the State uses to prove a defendant guilty beyond a reasonable doubt of DUI. Judges rely on the police officer’s expertise in giving field sobriety tests, and the police officer’s subjective opinion based on the [...]
Read More Aggravated DUI, Blood Alcohol Concentration, DUI, field sobriety testsChicagoland Municipalities Charging Innocent Car Owners for Other People’s Criminal Offenses
Municipalities in the Chicagoland area have been hit by this recession hard. Most are finding creative ways to bring in revenue. One of those ways is to pass ordinances allowing police officers to tow cars and charge administrative fees to people arrested for traffic offenses such as DUI, driving on a suspended or revoked license, [...]
Read More Aggravated DUI, car tow, driving on a supsended license, DUI, municipal law, Reckless Driving, tow administrative feesShould Strip Club be Liable for Allowing a Patron to Drive Drunk?
The 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 [...]
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