Chicago Criminal Lawyer Blog
When a criminal defendant pleads guilty, or is found guilty, of a criminal charge, the impact of the punishment depends on the sentence imposed by the Court. The Court can impose a variety of sentences in a criminal case. Perhaps, the best, or the least severe sentence in Illinois could be Court Supervision. The most severe punishment would be a conviction and the imposition of a jail sentence. I want to take this opportunity to discuss Court Supervision and why this may be the best option for your criminal or traffic case. This will be a general discussion of Court Supervision in Illinois. You should consult with your criminal defense lawyer to see how a sentence of Court Supervision would apply to your case and your particular situation.
The main benefit of getting Court Supervision is that if you successfully complete all of the terms of the Court Supervision sentence, you will not have a criminal conviction on your record. Court Supervision is a criminal sentence that is imposed on the majority of misdemeanor cases in Illinois. This is especially true if this is your first criminal case and the case did not involve violence or serious injuries to anyone. Court Supervision is very common in traffic cases. But just like everything in the law, the details are important because it’s not as simple as it initially appears.
If you are pleading guilty to a criminal offense and getting Court Supervision, at the time of sentencing, the Court will accept your guilty plea but will not enter a judgement of conviction that will go on your criminal record. Instead, the Court will impose a sentence and will set a final termination date to determine if you lived up to your end of the bargain and did everything the Court wanted you to do. Most of the time, if you are pleading guilty to a criminal offense, your lawyer will have entered into an agreement with the prosecutor that spells out all the terms of your sentence. One way to think about Court Supervision is to think of it as being like Court Probation. Like I tell my clients, when you plead guilty, the Court will take your guilty plea and leave it in the Court file until the final termination date. If you successfully complete your Court Supervision sentence, the Court will remove your guilty plea from your file and will tear it up and not put it on your criminal record. However, the Court computer and public Court records will show your criminal charges and the sentence imposed by the Court. Most criminal cases that result in Court Supervision can be Expunged or Sealed which means that it will not appear in a background search. Depending on the criminal charges you are facing, Court Supervision may be your best option.
The internet has made it easy for people to sell items online to make some extra money. Popular websites, such as eBay and Craigslist, have made it easy for almost anyone to instantly go into business by simply using a computer or a cell phone to get into the retail business. However, you should be aware of the potential pitfalls of doing business like this. Recently, I was hired to represent a client charged with violating the Illinois Counterfeit Trademark Act. The Counterfeit Trademark Act (765 ILCS 1040/) makes it a crime to sell look alike goods or services bearing a fake trademark or logo. The client that I was hired to represent was selling knockoff high-end watches on Craigslist that he had purchased legally from China. The client was buying the watches for about $50 and selling them online for between $200 and $250. This was not the clients main source of income, but it made him enough money to comfortably pay his bills and provide for his family. That’s until the client was arrested charged with violating the Counterfeit Trademark Act. It was not until the client came to my office bad he found out that what he was doing was against the law and that it carried some pretty serious criminal and monetary penalties.
Children are not considered adults until they reach 18 years of age. But what happens if a child, under the age of 18, commits a crime? Can they be charged and prosecuted as if they were an adult, or will the criminal justice system treat them as a juvenile who will be prosecuted in Juvenile Court?
The consequences and fallout from being arrested and facing criminal charges can last long after your case is finished. If you are found guilty, the case can follow you around for the rest of your life. If you win your case, and are found not guilty, or if the charges are dismissed, a routine background search may reveal the criminal charges. Even though the case was dismissed, or you want, a prospective employer will see that you were accused of a crime and may hold that against you in deciding whether to hire you.
DuPage County government officials have announced that DuPage County will be closing down the Downers Grove Field Court and moving all of the cases at that Branch Court to the DuPage County Courthouse in Wheaton. The change is expected to take place by the end of the year. The Downers Grove Field Court is located at 4000 Saratoga Avenue in Downers Grove. It is located inside American Legion Post 80. The Downers Grove Field hears Traffic Cases, Municipal Ordinance Violations, and minor Misdemeanor violations from The following municipalities in DuPage County: Bolingbrook, Burr Ridge, Clarendon Hills, Darien, Downers Grove, Hinsdale, Lemont, Lisle, Oakbrook Terrace, Westmont, Willowbrook, Woodridge, and the Illinois State Police.
As the Coronavirus spreads and the resulting crisis deepens, the impact to our Courts and criminal justice system are deepening. The Covid-19 virus has lead to the unprecedented closure of Courts throughout the State of Illinois. Every County Court system, as well as the Federal Courts, have been substantially impacted by this growing National crisis.
The Coronavirus outbreak has had a major impact on our daily lives. The pandemic has had a substantial impact on our Court system and on the multitude of criminal cases that are pending in the area-Courthouses. Each County has taken substantial steps to stem the outbreak of this pandemic by limiting Court operations and taking affirmative steps to limit human contact in the Courthouses in the hopes of slowing down the progression of the virus which is at the heart of this problem. While most of the steps taken by all the Courts are similar, there are minor differences between the various counties in the area. I want to take this opportunity to point out what is happening from County to County, and how this may impact you, and your criminal case.
As one of the busiest and most experienced DUI attorney in Illinois, this may be one of the most common question I get whenever I speak to a client about their DUI case. The short answer to this question is no. But you should understand the consequences of refusing to submit to a breathalyzer, or chemical test, when you are placed under arrest for a DUI. Illinois is an implied consent state. This means that you give consent to a chemical test to determine the blood alcohol contact in your blood by merely driving a motor vehicle on a public highway or roadway in Illinois. So let’s discuss what happens if you are pulled over by a police officer and the police officer asks you to take a breathalyzer test, or provide a blood sample, to determine what the blood alcohol content (BAC) of your blood is and you refuse the request.
The other day I received a phone call from a client who is living in New York. The client told me that about 8 years ago, while they were living in Illinois, they were arrested for a felony drug case. They appeared in Court and eventually plead guilty and received probation. While the client was on probation, they moved to New York and never checked in with probation after leaving Illinois. They were just denied a job when a background search revealed an outstanding warrant for a Probation Violation out of Illinois. The client wanted to know what they could do to clear up the warrant and if they could hire me to take care of the warrant without the client having to come back to Illinois. I frequently receive phone calls from people who have outstanding warrants. As a matter of fact, while I was writing this article, I received a call from a client who found out that an arrest warrant was issued against him last night for a Domestic Battery. The client wanted to know if there was any way that I could make a call or do something to avoid him having to turn himself in and appear in Court. Unfortunately, there’s no easy way to take care of an outstanding arrest warrant. Let me explain.