I agree in part with what my colleague above has stated, to the extent that it is advisable NOT to pay the requested 'settlement': not because it is unlikely you will be sued, but because you yourself did not steal anything, and your mere presence at the scene of the crime, absent other evidence, is not enough to establish 'accountability' for the 'offense', even though the standard of proof is a mere preponderance of the evidence, versus proof beyond a reasonable doubt. The fact is, under...
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Under Illinois Law, anyone who has ever been convicted of a felony, misdemeanor or ordinance violation is ineligible to expunge any or all of his criminal records; however, you may be eligible to seek an order 'sealing' your arrest and/or conviction records on all of your cases, including your supervisions, as long as 4 yrs. have passed since your last conviction, with no other incidents. There are a number of specific offenses that are unable to be expunged or sealed by their very nature....
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If you are unsure about how to find a lawyer, contact the Chicago Bar Association at 312-554-2000 and ask for the Attorney Referral Program. You absolutely need an experienced criminal attorney to assist you in this matter. If you cannot afford one, than by all means request a Public Defender. Make sure that you stay in contact with, and fully cooperate with, your attorney, so that he or she will best be able to assist you.
Are you certain you were placed on Probation, rather than Court Supervision, for this '1st offense' DUI? Either way, a violation of your sentence opens you up to the possibility of being resentenced upon the DUI. This means you are facing a potential sentence of up to 364 days in jail, a $2,500.00 fine (plus mandatory fines/fees/costs), or both. You absolutely need an experienced attorney to represent you in court on this matter. You can contact the Illinois State Bar Association, on their...
Yes, of course you can try and fight the ticket on the theory that you did not fail to yield, but you did leave out a number of details in your question which would help in considering whether it is BEST to contest the ticket, and these details will affect your defense: 1. How far did you drive w/ the emergency vehicle behind you, with lights activated, before you finally pulled over? 2. What road were you driving on, and how many lanes of traffic were available for traffic going in your...
Supervision is not a conviction, and does not get reported to the Secretary of State as such. The Court and Secretary of State maintain records of the Supervision, but it does not get reported on your public access driving record. However, when you pick up a new violation during the period of Supervision, the Prosecutor has the option of filing a petition to revoke your supervision, and seek a conviction in your case. This however, is an unlikely scenario in the Chicago Traffic Court,...
You should retain an attorney if you are able to do so, to file an appearance on your behalf in Bridgeview, and to then file a written demand for a speedy trial, indicating your custodial status in DuPage Co. Jail. This will place the burden upon the State to writ you into the Bridgeview court house from DuPage, so that you can clear up this additional case. Also, if the case was due to an alleged offense that occurred before your parole, it should not be used to violate your parole, as only...
You did not state what the actual sentence was in your case, and I am not clear on what you actually were found guilty of, and sentenced for. A conviction can never be expunged, nor can supervision for certain offenses. However, most, but not all, convictions for misdemeanors (and a few specific felonies)may be sealed from public view. You should consult with an attorney in detail to determine eligibilty--have available as much of your case information as you can, so that the lawyer can...
Most Criminal attorneys will charge a fixed fee for representation, based upon the nature of the charges involved, the complexity of the issues being faced, as well the extent of work involved in vigorously defending the charges. This is not something that is subject to 'standardized' rates, there is no menu or price list for this sort of thing. Rather than trying to find the cheapest lawyer, you should focus on finding an attorney who has plenty of experience in the field, who has a good...
The Illinois Secretary of State maintains driving records on several levels: Public consumption, Court Purposes, and Internal/Administrative records. Your DUI conviction will appear on your driving record at every level, and it will cause the mandatory revocation of your driving privileges. If you are not convicted, it will not appear on your driving record at all in Illinois. As for any criminal record, your conviction will ultimately be reported to the FBI, who will maintain the...