Skip to main content
Steven H. Fagan
Avvo
Pro

Steven Fagan’s Answers

304 total


  • Would I have to serve jail time if pleading guilty to a simple battery charge with prior battery convictions?

    My prior battery convictions are ten years old and more. I am not guilty of this charge, but there is a "witness" (who happens to be related to someone I have a prior battery charge from) who is corroborating the story and my lawyer thinks "it doe...

    Steven’s Answer

    • Selected as best answer

    This is really something you need to discuss in greater detail with your lawyer. If your lawyer secures an offer, you can then compare that against your risk and your attorney's estimation of the sentence you'll receive. As an example, in a fairly recent case, the prosecution offered my client 364 days in jail on a battery charge in Chicago. We "politely" declined, and although we lost on trial, my client was sentenced to one year of Court Supervision (not a conviction).
    The choice in that case was very easy, because the prosecution was asking for the maximum possible sentence. Your choice will probably not be quite that clearcut. You need to know what's being offered so that you can make an intelligent choice. Good luck.

    See question 
  • How far back can Illinois go on a prior d.u.i. conviction to use against you

    this is my third d.u.i. charge with the first happening 20 years ago and the 2nd 2 years ago

    Steven’s Answer

    In short - forever. If your question has to do with enhancement of the charge or figuring out what penalties will apply, then forever. If your question has to do with the length of your suspension, the Secretary of State looks back five years. See the linked videos for more.

    See question 
  • Got arrested at age 17 in IL for theft, never had to go to court..what do you call this?

    After the night of the incident I was never contacted by the police, not through phone or by mail. I did have to pay a $500 "fine" to the retail store. Why didn't the police department send me any follow up , I don't even know how to define what h...

    Steven’s Answer

    • Selected as best answer

    So many possibilities!. Here are a few possibilities:
    1. You may have had a "station adjustment", where the police decide to note your nefarious ways and cut you loose.
    2. The store may have declined to press charges.
    3. You may have an active warrant for your arrest out there and a criminal case lying in wait. Check with the Clerk of Court at the Rolling Meadows courthouse, 3rd Municipal District.
    In the first two instances, it may be possible to expunge the record of your arrest even if you were released without prosecution. An attorney familiar with criminal expungement in Illinois can assist.
    In that 3rd scenario, you'll want to retain the services of an attorney to deal with the warrant and with the criminal case.
    Best of luck.

    See question 
  • Can I get a class 3 felony in the state of IL dismissed or expunged if my record is clean? Its a charge of credit card fraud.

    It one charge with two counts.

    Steven’s Answer

    It's difficult to determine exactly what you're asking about, so I'll answer in two ways.

    Possibility one (in which the case is pending and active) - No, an otherwise clean record is not a basis for the Judge or the prosecution to decide to dismiss a pending Class 3 felony offense.

    Possibility two (in which the case is over and you've been convicted) - No, a Class 3 felony conviction for Credit Card Fraud is not eligible for expungement or sealing in Illinois.

    That said, you may at some point consider a petition for clemency if appropriate. Search for an appropriate criminal defense attorney in your area.

    See question 
  • I have a felony shoplifting charge i had a previous midameanor charge that was dismissed what am i looking at for a sentence?

    i got caught at macys with a friend i took 128 and she took 238 in merch they combined ours to make it a felony charge she has no background but i do..what kind of punishment am i looking at in court..at the moment im out on house arrest.

    Steven’s Answer

    Misdemeanor charges carry a possible penalty of no more than $2500 in fines and 364 days in jail. Felony charges start at a minimum of one year move up from there. Probation is still on the table for felony retail theft, and there are alternative programs which might be available - I've linked to a video below about this. Do discuss this in depth with an experienced Illinois criminal defense attorney. I've included a

    See question 
  • Is a forfeiture hearing for my property included with my criminal defense, or do I have to pay extra or hire another attorney?

    Was recently pulled over and arrested for felony possession of cannabis with intent to deliver and had my car and cash siezed. Would like both back.

    Steven’s Answer

    Not typically, unless your attorney specifically included it. A complaint for forfeiture is not a step taken in every case, is usually heard in a different Court, with different rules of procedure and a different attorney representing the government.

    See question 
  • What exactly is court supervision i got it at court for speeding

    what are the benefits does it show up on my motor vehicle report can an employer or insurance company ever find out about it

    Steven’s Answer

    • Selected as best answer

    Court supervision shows up on your driving record while you are on Court Supervision. Later, it shows up on your "Court Purposes Driving Record" and not a regular MVR. Your insurance company should not count a supervision unless you have a special situation such as if you are a CDL holder or a Chauffeur. For more on what supervision means, watch the video I've linked to below.

    See question 
  • DUI laws in Illinois

    My son at 16 received a DUI. At 21 he was pulled over he blew a .08 was taken to the station where he then refused to blow. The lawyer thought he could win the case but after going over the options he decided to take a plea deal for reckless dri...

    Steven’s Answer

    Your son's second DUI arrest must have been within 5 years of his first, triggering a 3 years suspension. The statutory summary suspension and DUI are separate proceedings and the amendment of the DUI to a Reckless Driving in the latter case did not address the 3-year summary suspension. For your convenience, I'm linking to a video explaining the situation.

    See question 
  • Do i have to testify against my husband

    he was arrested for domestic an resisting but the thing is he is bi-polar never gets any probs with the cops unless he is manic do i need to get a lawyer to excercise my right not to testify i have dropped all charges

    Steven’s Answer

    The answer is complicated, and you should seek the advice of a local attorney familiar with local practices. That said, I've linked to a video I hope will be helpful.

    See question 
  • I got a 1st DUI, and put on supervision 10 months ago. Yesterday, I got 85/55mpg ticket. Is this the end of supervision forme?

    I havent gotten a speeding ticked in 4 years, this is my first DUI. I was a physician and on a rush to clinic.

    Steven’s Answer

    With all respect to my colleague, 30 MPH over the limit is not a criminal offense. 31 or more is. You face a traffic violation, though you were awfully close to a speed that comes with steel bracelets.
    Technically, any violation of the law is a violation of your supervision. In practice, the Court likely has bigger fish to fry. You should have representation to try to manage the impact nonetheless.

    See question