Articles Posted in Criminal Defense

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While the vast majority of offenses for driving under the influence of alcohol or drugs (DUI) are filed and heard in state courts, DUI may also be charged as a federal offense. Most commonly, federal DUI charges arise in situations where the offender is stopped on the property of a federal military installation, national park, national monument, post office or on other federal property.

DUI on National Park Service land

If the DUI occurred on land controlled by the National Park Service, the DUI may be prosecuted as a Class B misdemeanor punishable by up to 6 months of incarceration, a $5,000.00 fine and 5-years of probation. Additionally, a refusal of testing is considered a criminal offense with the punishment of up to one-year incarceration, a fine, and the suspension of driving privileges on federal land or property for a period of up to one-year.

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Clients seeking help with a DUI or another serious traffic matter often tell us that their vehicle was seized by the police at the time of their arrest and want to know whether they can get it back.

When can the police seize and forfeit a vehicle?

Illinois law provides for the seizure and forfeiture of vehicles in the case of certain offenses including:

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Earlier this week, Illinois enacted one of the most far-reaching cannabis legalization laws of any state in the country. The law, which becomes effective January 1, 2020, contains provisions for the expungement of marijuana offenses.

Over the past decades, hundreds of thousands of Illinois residents (and non-residents) have been arrested for cannabis-related offenses and, as a result, have arrest records that have affected their lives by negatively impacting their ability to gain admission to educational institutions, ability to obtain employment, secure professional licensing and in a variety of other ways. Recognizing the harm that these offenses have had on the lives of offenders, the legislature has included expungement provisions in the new legislation to wipe away the criminal records of persons for offenses occurring prior to the effective date of the new law.

The law provides for expungement by 2 different methods (1) automatic expungement which does not require any action on the part of the offender; and (2) expungement that can only be granted by a petition to the court filed by the offender or his or her attorney.

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NOTE: WE ARE A PRIVATE LAW FIRM. THIS POST IS FOR INFORMATIONAL PURPOSES ONLY. PLEASE CONTACT THE COURTHOUSE DIRECTLY FOR ADDITIONAL INFORMATION.

How do I find criminal case or traffic ticket information in Illinois?

The individual Circuit Court clerks maintain the court records for each county throughout Illinois. Illinois does not currently have a comprehensive online system that allows you to search case information throughout the state. Each clerk’s office provides a different method for looking up case information online. While some counties have full access through their website, other counties require you to visit in-person or call the specific courthouse where your case took place in order to obtain case information. Many counties, including Cook County, are currently taking steps to expand their online access. Information related Cook County, Lake County, DuPage County and Will County is provided below.

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The Davis Law Group, P.C. is a Cook County based law firm that focuses on criminal law and DUI defense. The key to our successful client representation is a combination of an in-depth knowledge of the Illinois law and our skilled approach to negotiation and litigation of our clients’ cases in court. We combine this knowledge with a custom approach and strategy for each case, which allows us to reach the most favorable outcome for the clients that we represent.

DUI Defense Case Study – Bridgeview Courthouse

This is a case study of one such client who recently came to us facing incarceration in the Illinois Department of Corrections  after being charged with DUI. He was ultimately acquitted. The DUI defense lawyers at The Davis Law Group, P.C. defended this client at the Bridgeview Courthouse, more formally known as Cook County’s Fifth Municipal District Courthouse.  This particular DUI arrest occurred in Oak Lawn, Illinois and the case was brought to a bench trial by attorney David Mennie of The Davis Law Group, P.C.. Our legal team regularly represents clients with a variety of charges at the Bridgeview Courthouse.

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Our Lake County DUI defense attorneys have an in-depth knowledge of Illinois DUI law and the ability to negotiate and litigate to secure the best possible outcome for our clients. Below is a recent case handled by the defense attorneys at The Davis Law Group, P.C. at the Waukegan Courthouse in Lake County, Illinois.

DUI Defense Case Study – Hawthorn Woods, Lake County, Illinois

The case summary below relates to a DUI arrest that occurred in Hawthorn Woods, Illinois. The case was assigned to the Waukegan Courthouse, more formally known as the 19th Judicial Circuit Court. This particular courthouse hears misdemeanor and felony cases that originate throughout Lake County, Illinois.

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The Chicago DUI defense attorneys at The Davis Law Group, P.C. have decades of combined experience representing clients facing DUI charges as well as other traffic-related cases. Our approach combines a comprehensive knowledge of Illinois DUI law with the ability to negotiate and litigate in order to secure the most favorable outcome for our clients.

Chicago DUI Defense Case Study – Cook County, Illinois

The summary below describes a recent case handled by the DUI defense lawyers at The Davis Law Group, P.C. This specific DUI arrest occurred in the City of Chicago and was litigated at the Daley Center located in downtown Chicago. This particular courthouse is officially known as the Circuit Court of Cook County’s First Municipal District.

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Submitting to a breath test offered by a police officer has a variety of potential consequences. Of course, the question itself assumes that you have a choice – either agreeing or refusing – but do you? What is the difference between a breath test taken on the street after you are stopped by the police and the breath test offered back at the station after you have been placed under arrest for DUI? Are you required to take the physical field sobriety tests? Illinois DUI law is complex, our defense attorneys have provided guidance on these questions below.

What is the difference between a Preliminary Breath Screening Test (PBT) and an Evidentiary Breath Test?

A PBT is sometimes, not always, offered to drivers on the street before they are placed under arrest for DUI. The vast majority of PBT’s are not certified or calibrated the same way as the evidentiary breath test, which is offered at the police station. PBT’s can only be used for probable cause purposes to arrest a motorist for DUI but may not be used as evidence at trial.

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Drivers who are charged with high rate speeding offenses are often surprised to learn that they can face up to a year in jail under current Illinois law. These offenses are commonly known as aggravated speeding offenses and Illinois has increased the potential consequences for drivers who plead guilty or are found guilty of these charges.

Unfortunately, most drivers are not familiar with these changes to our speeding laws. After receiving a speeding ticket, many drivers are only concerned with the inconvenience of appearing in traffic court or the prospect of increased insurance rates. However, these Illinois speeding laws have substantially changed over the years.

Current Illinois law groups speeding offenses into two primary categories – petty and misdemeanor offenses. Speeding 26 or more over the posted limit is charged as a misdemeanor offense, which qualifies as a crime under Illinois law.

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Courtroom etiquette has many written and unwritten rules and, as we all know, first impressions are lasting impressions, so how you appear and how you behave during your court appearance may have a significant impact on your case. In some extreme circumstances, bad behavior can result in jail time or a fine if you are found in contempt of court. To make a good first impression, you should familiarize yourself with the rules and make sure you adhere to them.

Planning for Your Day in Court

The courthouse is a place of employment for the judge and the court staff. As everybody else, they want to keep their work day smooth and efficient. By arriving on time and following the rules, you show the court the proper respect it deserves and allow the court to maintain efficiency. By doing so, you are also increasing your chances of a more favorable outcome.

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