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Brandon Kenneth Davis
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Brandon Davis’s Answers

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  • How long to wait until I can expunge my arrest record? Just finished supervision for battery

    Domestic battery reduced to battery, pled to the battery charge. I just finished my supervision, today. It is now dismissed. How long do I have to wait to expunge this from my record? I've been having trouble renting apartments the last ...

    Brandon’s Answer

    As long as you do not have any convictions on your record, you are eligible to have the battery expunged 2 years from the termination date of your supervision (5 years for domestic battery). When the time comes, you should consult with an attorney to determine the best course of action. Best of luck.

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  • What should I do?

    Hi there, I got charged with theft even though the police told me it was a slap on the wrist and it wouldn't be on my record. Now it's all over the radio that I was arrested for theft. It's on video and I said I did it. Do you think I should get a...

    Brandon’s Answer

    At a minimum, contact a criminal defense attorney in the county where you were arrested to discuss the specifics of your case. Because it was your first offense, an attorney should be able to minimize and possibly eliminate any negative consequences to your future. Refrain from discussing any details of your case with anyone other than your attorney. Best of luck.

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  • Is my assessment from 2009 still valid or can I get re evaluated as lesser risk.

    DUI conviction in Chicago, IL in 2009. Currently revoked. At the time I was assessed as significant risk due to positive drug test (cocaine). It's 2016 and am trying to get my license back.

    Brandon’s Answer

    A new evaluation or an update by the same agency will need to be dated within 6 months of the hearing. It is highly recommended that you seek the advice and representation of an attorney that concentrates in the area of license reinstatement. The Secretary of State hearing process can be extremely difficult and a denial will only lead to additional complications. Best of luck.

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  • What am I being charged with? And what is a likely outcome? Regular speeding was cited but it says I was doing 85 in a 40.

    I got a speeding ticket on Lake Shore Drive in Chicago, IL for going 85 when the speed limit is 40mph. I had valid insurance but the card in the car was expired so I got a ticket for not having valid insurance (3-707) and one for speeding (11-601b...

    Brandon’s Answer

    It is very likely that the speeding offense will ultimately be charged as a Class A misdemeanor (35+) if it is not already. The ticket can easily be amended to reflect the proper statute and cases are routinely transferred at the Daley Center to the appropriate courtroom if improperly assigned (i.e. to a misdemeanor courtroom on the 4th floor). Speak to a local attorney as soon as possible to discuss your options, review your record, and determine a best course of action.

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  • What can I do to resolve this situation?

    I was arrested in October (in Indiana), on an out of state felony warrant (obstruction of justice in Illinois) that I didn't know I had. The warrant was revoked, and I was released after spending 13 days in jail. However, theres still an open case...

    Brandon’s Answer

    Contact an attorney local to the county where you were charged to discuss your options. Your attorney can look into the case and determine the best course of action and provide guidance. The go on with life without resolving the matter may seem like the easiest decision in the short term, but it may only cause further complication in the future.

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  • I want to know the process for the court date of jan 14 2016 and does she have to go to jail or we can pay the fine amount only?

    We went to JCPENNY store and my wife took some gift in her pocket without my knowledge and the store security guards caught her and called the police. The police gave her retail theft civil suite case for stealing $55 merchandize from JCPENNY. S...

    Brandon’s Answer

    The ultimate outcome depends on a variety of factors. You should speak directly to an attorney to discuss the specifics of her case. Because your wife does not have a criminal background, if handled properly, it is very likely that a conviction (and jail time) can be avoided. She may even be eligible for a deferred prosecution, where the case would ultimately be dismissed after the completion of certain conditions. Contact an attorney directly. The civil demand is not a major concern and can typically be ignored. Best of luck.

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  • 4th dui in Illinois is there a new law where the 4th is not a lifetime ban on getting a license in Illinois?

    4th dui in Illinois is there a new law to take effect jan 2016 where it is not a lifetime revocation if not and it is lifetime does Illinois put an ineligible on my getting a drivers license? ie going to another state to get a license

    Brandon’s Answer

    Yes, the new law goes into effect January 1, 2016. The law allows you apply for a restricted driving permit five years from the entry of your last revocation or release from incarceration, whichever is later. You must show three years of abstinence and complete all of your required treatment among additional requirements. You will be required to use a BAIID device at all times while driving. Full reinstatement is still prohibited if you live in Illinois. If you reside outside of Illinois, you are eligible to apply for full reinstatement ten years after the date of your last revocation. Speak directly to an attorney handling Secretary of State hearings to review your record and discuss the specifics of your case. The process is extremely complex and a denial will only complicate the matter further. Best of luck.

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  • Do I get my license back if it was suspended for dui if the summary suspension was dropped after the suspension started?

    I got a dui and my license was suspended

    Brandon’s Answer

    Yes, your license will be valid once the removal/rescission of the suspension is reported to the Secretary of State. You or your attorney can obtain a certified copy of the court order rescinding the summary suspension and send it to the Secretary of State in Springfield. Once processed, the summary suspension will be removed and your license will be valid. You can wait for the Clerk's Office to report it to the SOS but that would take much longer. Remember that a conviction on the DUI charge would result in a revocation of your driver's license. Best of luck.

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  • Can a dui that occurred in Illinois in 2001 that was supposedly reduced to a reckless driving charge be expunged?

    Can a dui that occurred in Illinois in 2001 that was supposedly reduced to a reckless driving charge be expunged or the records sealed-it shows up as a dui on the circuit court website for the public to see. How can that be removed?

    Brandon’s Answer

    Unfortunately, DUI, even if reduced to Reckless Driving, is not eligible for expungement or sealing. This is true whether you received court supervision or a conviction sentence.

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  • Is there any way around the out of state hearing? Should I hire an attourney to help me with it? Or Fill it out best as I can?

    I got a Dui in 1997. And I live in Fl. now. The out of state hearing packet asks a bunch of questions and asks for info I would of had to have from 16 years ago. I aslo have drug cases from 2007. And the packet asks questions about all that too.

    Brandon’s Answer

    The Secretary of State reinstatement hearing process, whether conducted in-person or via out-of-state packet, is extremely complex. A denial will only complicate the matter further. Obtaining legal counsel to guide you from the start is highly advisable. Consult directly with an attorney that handles Secretary of State license reinstatement hearings to review your record and discuss the specifics of your particular case.

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