Chicago Criminal Lawyer Blog
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.
Circuit Court of Cook County
On March 13, 2020, the Chief Judge of the Circuit Court of Cook County, Timothy Evans, issued a Court Order that became effective on March 17, 2020. Judge Evans’s Order provides that all matters pending in the Circuit Court of Cook County are rescheduled at continued for at least 30 days from the original Court date. All the judges will be available to hear emergency matters. Preliminary Hearings, Bond Hearings, and Arraignments, will proceed as originally scheduled. If the parties reach a plea agreement, Judges will be available to accept the Plea Agreements and resolve cases. Traffic and Misdemeanor cases will be continued to the next key date as long as the next key date is at least 30 days from the original Court date. The Order from Judge Evans provides that the Clerk of the Circuit Court will provide postcard notice of the new Court date to the defendant.
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.
Kane County Prosecutors and law enforcement officials have announced that Kane County will be conducting their 25th “No Refusal” DUI patrol over the St. Patrick’s Day Holiday.
I often receive phone calls from clients asking me if they can go back home after they are released from jail or whether they can contact their boyfriend or girlfriend or spouse after being released from jail. I usually tell those clients to come to my office and bring all of the papers that were given to them when they were released from jail. It is very important to keep all of your papers with you if you are arrested and released by the Police so that you may appear for court. You should bring all of your paperwork with you when you are meeting with your lawyer.
I’ve been handling DUI cases throughout Illinois for over 27 years. I have probably handled thousands of DUIs in my 27 years of being a criminal defense attorney. Looking back at all of the years and all of the cases that I have handled, I can tell you that most people charged with a DUI do not realize that they are probably looking at a mandatory suspension of their license in Illinois. For many people, this mandatory suspension of their license will have the greatest impact on their lives. It will affect their ability to get to and from work, and may even cause them to lose their job. This mandatory suspension, is called the Statutory Summary Suspension. Let’s talk about what the Statutory Summary Suspension is, at what it means for your DUI case.
In criminal cases, it is common for the prosecution to seek to admit into evidence things that were seized by the police as a result of the search of a residence. One of the first things that a criminal defense attorney does in a criminal case involving the search of a house is to determine whether the evidence seized by the police can be admitted in court.
On January 1, 2020, at 6 am, Possession of recreational Marijuana will become legal in Illinois. But, there will be limitations to the legalization of the Possession of Marijuana. Violating any of the restrictions in the new law can get you in trouble with the law for the Illegal Possession of Marijuana in Illinois. If you are an Illinois resident, or planning on visiting Illinois, and are thinking about taking advantage of the new law legalizing the recreational use of marijuana, you should be aware of what you can legally do, and what you cannot do under the new law. If you do not know what the rules are and what the limitations are, you could find yourself being arrested, receiving an expensive ticket, or even facing a criminal case for Possession of Marijuana.
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.
Lately, many of the phone calls I receive start off with clients telling me that they received a “speeding ticket” and asking whether they can really go to jail for their “speeding ticket.” I ask them how fast they were going, and if they were going 26 miles per hour, or more, over the posted speed limit, I have to explain what they are facing. I start off by explaining that what they received is not a speeding ticket. At least it’s not what most people commonly considered to be a speeding ticket. It’s called Aggravated Speeding in llinois. Speeding 26-miles per hour over the posted speed limit is a crime in Illinois. It’s called Aggravated Speeding and can be found at If you did not know this, don’t feel bad. Most people do not realize that speeding 26-miles per hour over the posted speed limit is a crime in Illinois until it happens to them. Sometimes, lawyers don’t even know that driving 26-miles per hour over the posted speed limit is a crime in Illinois (more on that later.) Illinois has made speeding 26-miles per hour over the posted speed limit a crime that carries potential serious consequences. Just like any other crime in Illinois, driving 26-miles per hour over the posted speed limit carries a potential jail sentence that all Illinois driver’s should be aware of. Let me explain.