How to Seal a Felony Case Faster
The mandatory waiting period for sealing a felony conviction can be found in 20 ILCS 2630/5.2(c)(2)(C) which states, "records identified as eligible under subsections (c)(2)(D) [which references all criminal convictions including felonies] … may be sealed 3 years after the termination of the petitioner's last sentence." "Last sentence" refers to the petitioner's most...
Common Penalties for First Offense DUI
The number one concern most individuals have when they are arrested for DUI are the potential ramifications. In Illinois most first offense DUIs are charged as misdemeanor offenses. However, exceptions exist if the motorist causes death or serious injury, does not have a valid driver's license, is operating a motor vehicle for hire...
Misdeanor Speeding (Aggravated Speeding)
In Illinois speeding from 1-25 mph over the limit is classified as a petty offense and is punishable by fine only. However, many individuals are not aware that speeding 26-34mph over the limit is considered a criminal offense (Class B misdemeanor) punishable by up to 6 months in jail and a maximum...
Protecting a CDL Driver’s Career
Driving a truck or other commercial motor vehicle is a noble profession and is an honest way to put food on the table and help support a family. When a CDL holder receives a ticket for a simple offense such as Improper Lane Usage the consequences are often nothing short of draconian. ...
How to Beat a DUI
Individuals charged with DUI in Illinois often want to understand why some individuals are found not guilty and are able to retain their driving privileges. I have defended hundreds of DUI cases over a 14 year period and I always feel I have a better chance at a not-guilty verdict when certain...
How to Clear (Clean up) Your Driving Record
Commonly I receive phone calls from prospective clients who are interested in "clearing" their driving record. The most common reasons are to lower insurance rates and to make themselves a better job candidate for perspective employers. The first thing I usually explain is that most traffic offenses are considered petty offenses and under...
Your Felony Conviction May Now Be Sealable
As an attorney who has been helping clients clear their criminal records for over 14 years I am shocked that Governor Rauner's signature on the latest groundbreaking legislation has not received more media attention. For years I received phone calls from clients who wanted to seal felony convictions but were not legally...
Motions To Quash Arrest & Suppress Evidence
The initial burden of proof is always on the defendant in a motion to quash. People v. Bobiek, 271 Ill. App. 3d 239, 241; 207 Ill. Dec. 704; 648 N.E.2d 160 (1st Dist 1995).
Executive Clemency
On April 13, 2016 I represented a client before the prison review board in his request for executive clemency. Executive clemency is the last form of potential relief available when a client wants to clear his record but is not eligible for expungement or sealing. In such a case the individual may request a...
Deferred Prosecution Programs & Criminal Defense
I recently attended an outstanding seminar offered by the Northwest Suburban Bar Association. One of the topics discussed was the vast array of deferred prosecution programs available in Cook County. Generally a deferred prosecution program is a way of obtaining a dismissal at little or no risk to your client. Programs are available...
