rfenbert
Court Supervision in Illinois
Many of my clients ask me, “What is supervision?” In Illinois, if you are charged with a misdemeanor criminal offense you are most likely eligible for “Court Supervision” even if you are found guilty after
Standardized Field Sobriety Tests and Portable Breath Tests
In the State of Illinois, there are number of tests that a law enforcement officer may administer if they suspect a motorist to be intoxicated. First, an officer will administer the Standardized Field Sobriety Tests
Possession/DUI Laws During Festival Season
Summer is almost here in Chicago, meaning a calendar full of street festivals and concerts nearly every weekend. After a cold winter inside, events like Lollapalooza, Pitchfork Music Festival, Do Division, and Jazz Fest feel
Expunging/Sealing Criminal Records in Illinois
In many instances, you are able to request that your criminal records are expunged or sealed after a period of time after the offense occurred. There are differences between expunging and sealing. Expunging vs. Sealing
Public Urination Ordinance in Chicago
According to DNA Info, the places you are most likely to get a ticket for public urination are “typically close to a train station, a boozy stretch of nightclubs or both.” Areas like Division and
Assault Charges Under Illinois Law
Under Illinois law, an individual commits “assault” when, “without lawful authority, he or she knowingly engages in conduct which places another in reasonable apprehension of receiving a battery.” That means that assault is committed when
Unlawful Possession of Ammunition in Illinois
To legally possess a firearm in the State of Illinois an individual must carry and maintain a Firearms Owners Identification (FOID) card. However, you may not know that a FOID card is also required to
Domestic Battery in Illinois
The most serious misdemeanor offense you can face in Illinois is Domestic Battery (720 ILCS 5/12-3.2). Only a DUI (625 ILCS 5/11-503) may jeopardize your career, family circumstances, and personal life as much as a
Aggravated Fleeing and Eluding
In addition to Driving Under the Influence of Drugs or Alcohol (625 ILCS 5/11-501) or Reckless Driving (625 ILCS 5/11-503), there are other traffic offenses in Illinois that are serious, such as Aggravated Fleeing or
Unlawful Use of a Weapon in Illinois
Weapon and firearm offenses are serious criminal cases for prosecuting attorneys in both Federal and Illinois State courts. A common charge is Unlawful Use of a Weapon. Though other weapon types fall under this charge,
Probation Violation Hearings in Cook County
Defendants facing criminal charges in Cook County should be concerned about the possibility of jail or prison time. However, only a small percentage of first-time offenders charged with misdemeanors and non-violent felonies will be sentenced
Sentence Credit in Illinois
In Illinois, defendants facing years of prison may not actually have to complete their entire sentence. Defendants are often eligible for sentence credit based on the completion of programs or services rendered while they are
Retail Theft in Illinois
In Illinois, there are different levels of retail theft charges for which the punishments can differ. A punishment can increase from misdemeanor to felony after a theft exceeds a relatively low monetary value. Retail theft
Bail Bonds in Cook County
In Illinois, a defendant charged with a felony criminal offense is entitled to a bond hearing to determine the amount of bail. A person charged with an offense is allowed counsel at the hearing at
Motion to Dismiss Criminal Charge for Improper Venue
A court’s jurisdiction is “the authority given by law to a court to try cases and rule on legal matters within a particular geographic area and/or over certain types of legal cases.” Basically, it is
Right to Refuse a Portable Breath Test (PBT)
In Illinois, there are two chemical breath tests that may be offered to a person suspected of driving under the influence of alcohol. First, after an officer administers the Standardized Field Sobriety Tests (SFTS), he
Second-Degree Murder in Illinois
The City of Chicago recently saw the case of Jason Van Dyke, who was charged with first-degree murder. Before the jury began deliberating, they were told that they could also consider a second-degree murder conviction
Possession of Ammunition Without a FOID Card (430 ILCS 65/2)
Many people who possess guns in Illinois do not know the laws regarding these weapons and often face serious criminal charges. However, not all weapons charges are felonies. There are common misdemeanor charges in the
Illinois’s First Time Weapon Offender Program
Over the last decade the Cook County State’s Attorney Office and the Illinois General Assembly have worked to offer programs to first time offenders for drug and theft offenses. These First Offender Programs are designed
Driving Under the Influence of Drugs
When you hear “Driving Under the Influence,” you are most likely thinking that it is referring to alcohol. In fact, the first statute under 625 ILCS 5/11-501 states that “the alcohol concentration in the person’s
Armed Robbery Charge Steep for Young Adults
Robbery occurs when one person takes another’s property by physical force or with the threat of physical force. Armed robbery occurs when a weapon, most often a gun, is used during a robbery. An armed
Constructive Possession Of Drugs In Illinois
When you hear about a drug bust, the first thing that comes to mind is probably the stacks of drugs being seized by the authorities that you see on the evening news. However, most charges
Common Battery Charges in Illinois
One of the most common misdemeanor charges in the City of Chicago is an alleged violation of 720 ILCS 5/12-3(A)(1) or (A)(2) entitled battery. People are often charged with battery after getting into a fight
Reasonable Doubt and DUIs In Illinois
The burden of proof for all DUI cases is beyond a reasonable doubt. However, a jury or judge’s definition of “reasonable doubt” varies significantly from judge to judge and jury to jury. Reasonable doubt is
Statute of Limitations on Sex Crimes in Illinois
A statute of limitations refers to this time limit that a prosecutor or state's attorney has to file criminal charges against an offender after a crime has been reported to the police. Statutes may vary by state or by types
DUI Dropped After “Bad Facts” Uncovered
Facts are facts, but when we are talking about them in the context of supporting an argument, some facts support that argument and others do not. When facts do not support an argument, we call
Field Sobriety Tests Are Imperfect Indicators Of DUI
The Standardized Field Sobriety Test (SFST) was developed in the 1970s to assess the impairment of drivers through the administration of three tests. These tests are the Walk and Turn (WAT), the One Legged Stand
Rampant Vehicle Impoundment Fines in Chicago
When you are charged with a DUI in Chicago, IL, you may be subject to a $2,000 fine, plus towing and storage for seizure and vehicle impoundment. However, Chicago has recently been impounding the vehicles of
Suspended License Overturned
Under Illinois law, motorists being placed under arrest for Driving Under the Influence must be read their rights from a form called “Warning to Motorist.” Basically, this form states that if a subject refuses
DUI Dismissed! Chicago, IL
DUI Dismissed on December 30, 2016. The State of Illinois recently dismissed a DUI (625 ILCS 5/11-501) against my client. My client's case was not dismissed based on a legal technicality, but based on his perseverance