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Category: Criminal Defense in Illinois

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Why to hire a private attorney for your Illinois criminal case

Monday, April 15th, 2013

If you’re facing criminal charges, you should have an attorney. There are two types of attorneys who defend cases like this – private defense attorneys and public defenders. The court provides public defenders for people who can’t afford a private attorney. Some people end up having a choice between the two (although if the court says can afford a private attorney that’s likely your only option). So, if you have a choice, which is better?

We argue that a private attorney is ideal. Why? It’s not that they’re better lawyers. Private defense attorneys and public defenders can be equally great at what they do. Or equally bad for that matter. In other words, it’s not about skill. And it’s not necessarily about experience, either.

The reason we recommend private defense attorneys over public defenders is because of time and resources. A private attorney has more of both. They are being paid by their client, often by the hour, so you get as much of their time as you pay for. With a public defender, they are not paid by their clients, and they tend to have more cases than a private attorney. Not all public defenders are overworked, but many are. The same goes for pay. Public defenders generally aren’t paid as well as private attorneys. A private law firm therefore has more resources (time and money) to devote to your case, for things such as research, interviews and investigation.

These reasons don’t hold true in every situation, which is why we always recommend getting a consultation to get to know the attorney you might be hiring. Make sure your private defense attorney focuses on criminal law and appears often in the courthouse where your case is being heard. They should have good relationships with the judges and prosecutors there. If you have questions about what to look for in a criminal defense attorney, you can read more about it here.

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Losing your Illinois driver’s license after a DUI

Tuesday, April 9th, 2013

Most people know that they can lose their license if they get caught driving under the influence. What you may not know is that there are two different ways you can lose your license. One is automatic and happens whether you are guilty or innocent; the other happens at the end of your court case.

The first is called a statutory summary suspension. When this happens to you, it means that the Illinois secretary of state is suspending your license for failing a drug or alcohol test (the test you are given at the police station). The suspension lasts six months for a first offense, and longer for a second or subsequent offense. If you refuse to take the drug or alcohol test at the station – and you have the right to refuse – then your suspension automatically becomes one year. Your license suspension takes effect 45 days after your arrest. At the end of the suspension you request that your license be reinstated and you pay a fee to get it back. If you don’t get your license reinstated properly, you can be arrested for driving on a suspended license, which has serious consequences.

The other way you can lose your license after a DUI is when you are found guilty of driving under the influence. Part of your punishment will be losing your driving privileges. If it’s your first offense, you can lose your license for up to a year. You will likely lose your license for longer if it’s not your first offense. There are certain requirements that you might have to meet in order to get your license back, such as drug and alcohol evaluation, rehab or education classes. If you get court supervision, you may not lose your license.

It’s important to understand these details because driving without a valid license is a fairly serious offense. Don’t assume that because your six-month or one-year suspension is up that you are cleared to drive again. Also, these driving restrictions apply not just in Illinois but in other states, as well.

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Do I need a DUI attorney in Illinois?

Monday, April 1st, 2013

Generally speaking, you are considered to be driving under the influence when your blood alcohol concentration (BAC) is .08 or higher. There are additional situations that may result in a DUI, including driving under the influence of drugs, driving with a BAC between .05 and .08, or driving with any amount of alcohol in your system if you’re under 21.

Chemical tests (breath, blood or urine) are used to determine your BAC or show if you have any illegal drugs in your system. If the chemical test registers a BAC of .08 or above, you will receive a “statutory summary suspension.” Basically, this is a suspension of your driver’s license that begins 45 days later. This is automatic in most cases, and lasts for three months on a first offense. The suspension time is usually longer for a second offense. If testing shows you have a BAC of at least .05, but less than .08, your license will not be suspended. However, the DUI doesn’t go away. In this situation, you’ll probably still have to go to court.

You have the right to refuse a chemical test. However, refusing the test will result in an automatic license suspension of six months, for a first offense. Driving when your license is suspended is a criminal offense.

In addition to statutory summary suspension, you will have to go to court to face the DUI charge. There are criminal penalties if you are convicted. Possible penalties include fines, jail time, community service, and alcohol classes. In addition, a driver convicted of a DUI is required to install a device in their vehicle that requires a breath test before the car will start. The device also tests the driver periodically during the trip. The devices are generally required for five months.

We highly recommend hiring an attorney to represent you in court if you’re facing a DUI. If convicted, the penalties can be serious – up to a year in jail – and the fines can be high. An experienced DUI attorney knows how to protect your rights. We’ve seen situations where an officer made an error that led to a lesser charge and even cases where an error resulted in the case being dismissed. An experienced attorney will be able to analyze your case and present any defenses available to you.

Illinois DUI attorneys generally charge a flat fee. If you need help finding the right attorney to take your case, give us a call. We know experienced and successful DUI attorneys throughout Illinois.

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Criminal Defense 101 in Illinois

Friday, March 22nd, 2013

Criminal defense attorneys represent individuals facing a variety of violations or charges, from traffic tickets and DUIs to drug charges and violent crimes. If you’ve been ticketed, arrested or charged, we suggest that you consult with an experienced criminal defense attorney as soon as possible.

An experienced criminal defense attorney knows how the system works and will help you protect your rights and work to achieve the best outcome possible, whether it’s getting charges dismissed or reducing your fines or sentence. Often, defense attorneys are former prosecutors and therefore know how to successfully negotiate on behalf of their clients.

We know experienced, successful criminal defense attorneys across the state. We usually recommend a local attorney – someone who appears often in the courthouse where your case will be heard. We believe a local attorney can give you an advantage when they have a good reputation in the community and a familiarity with the judges and prosecutors who may be involved in your case.

You have the right to a fair trial, and having an attorney can make a big difference if you’re going down this road. The rules of court and evidence are complex, and we wouldn’t advise representing yourself, especially when your freedom is at stake.

A criminal defense attorney will work to protect your rights, minimize your consequences, and protect your permanent record. Whether you’re facing a driver’s license suspension, heavy fines or even jail time, we can help point you in the right direction. Contact us any time for a referral. Before we recommend an attorney, we talk with you about your case and consider your unique situation. We’re confident that we can help you find the best attorney for you.

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Illinois statutory rape – consent is not a defense

Monday, March 4th, 2013

A woman called me, very upset that her son had been arrested for statutory rape. He is 21 and he had sex with a 15 year old.

The mom’s biggest gripe was that it wasn’t rape because the 15 year old is very mature for her age and consented to have sex. In addition she was mad because the 15 year old didn’t want to press charges, but her Dad called the police.

Unfortunately for my caller and her son, he is in big trouble. Minors can not have consent to sex, so consent is not a defense to statutory rape. No matter how old the 15 year old looks, how much she seems like a woman (and it’s shocking to me how old some high school girls can look these days), it doesn’t matter.

The fact that he Dad is behind this and she doesn’t want to press charges doesn’t matter either.

It’s a plain and simple case. The age difference is illegal. Period. The 21 year old would be wise to stop seeing the girl and keep his mouth shut. If he doesn’t he is at a big risk of spending many years in jail and having to register as a sex offender for the rest of his life.

Like many other cases, when you are trying to get out of a case, making a defense plan based on a loop hole or perceived loop hole isn’t the best way to do it. The best way, if you are going to commit a crime at all, is to keep your mouth shut, get a top criminal defense attorney and let them do the talking for you.

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Do I need an attorney for my Illinois traffic ticket?

Tuesday, February 26th, 2013

It depends. If it’s your first speeding ticket ever, or your first one in a year or more, and it’s fairly minor (15 mph over the limit, for example), then we’d say probably not. If it’s your third ticket in a year, then the answer is probably yes, even if you weren’t going that fast. And if it’s your first ticket ever but you were going very fast (30 over or more), then you should hire an attorney.

Understanding the potential consequences of a conviction will help you decide whether to hire an attorney to fight the ticket, argue for leniency, etc. Often, a good traffic defense attorney can get your ticket dismissed. While going to court isn’t necessary for someone with a clean record and a minor ticket, it can be very important for someone in danger of losing their license or someone facing a criminal charge.

If you pay your ticket by mail, you are essentially pleading guilty and the ticket will go on your driving record, unless you are offered court supervision of some sort. Minor traffic offenses, such as a basic speeding ticket, are not criminal offenses. However, excessive speeding is a misdemeanor and the consequences are much greater. For speeding 30 mph over the limit or more, you can be facing jail time, as well as big fines. Other serious driving offenses include reckless driving and driving on a suspended or revoked license. A regular speeding ticket becomes more serious if you were speeding in a school or construction zone.

While a basic traffic ticket only carries a fine, there are more serious consequences for getting multiple offenses in a year. If you get three moving violations in a year, Illinois can suspend your license. If you are under 21, your license can be suspended for only two violations in 24 months.

The bottom line is that if your license is on the line, we recommend hiring an attorney. There are some attorneys who we believe will give you the best chance of success. Using your divorce attorney for something like this is not what we suggest. You want someone who knows the ins and outs of traffic court, knows the judges, had a relationship with other attorneys, including prosecutors and who has an excellent local reputation. You don’t necessarily need a high-profile attorney. You need someone who has proven that they get good results for their clients, time and time again.

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You can get a DUI when just sitting in your car

Tuesday, December 25th, 2012

The law against drunk driving is a bit broader than you might think. It doesn’t outlaw just driving while intoxicated but also being in physical control of a vehicle while intoxicated. If you are sitting in the driver’s seat with the keys, you are considered in control, even if the car is turned off. You can be arrested, charged and found guilty of a DUI.

If you are drinking outside in your yard on a Saturday afternoon and go sit in your car to listen to the radio, you could be arrested for a DUI. If you have nowhere else to go after leaving a party, at least leave your keys with a friend and not in your vehicle. Even if you’re sleeping in the car, you can be in trouble if the keys are in there too.

The bottom line: If you need to sober up before driving home, don’t do it while sitting in your car. The question isn’t whether you intended to drive but whether you could have driven if you wanted to. Play it safe and stay away from your vehicle. While the fact that you didn’t have access to your keys might eventually prove your innocence, it doesn’t mean you won’t be arrested, charged and prosecuted.

If you plan to argue that you weren’t in actual physical control of your vehicle when you were arrested for a DUI, don’t try to argue it alone. It’s an area of law that requires the experience of a seasoned criminal defense attorney. The judge and prosecutor have heard all the excuses before. If you’re serious about proving your innocence, hire someone who knows how to do it.

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