Chicago Criminal Lawyer Blog
This is, without a doubt, one of the most common questions I get from clients, especially if the client is accused of Domestic Violence and is charged with a Domestic Battery. Most of my clients appear for their first Court date only to be disappointed when the Judge continues their case and tells them to come back with a lawyer. Because a Domestic Battery is a Class A Misdemeanor that carries up to one year in jail, the question is not if you need a lawyer, but whether you will have a Public Defender represent you or whether you will have your own lawyer represent you. This will depend on whether the Court determines that you have the ability to afford to hire your own lawyer. If the Judge determines that you do not have the money to hire a lawyer, the Judge will appoint a Public Defender to represent you.
The decision about whether Domestic Battery criminal charges will be filed against you are not made by the victim. If you are facing a misdemeanor, the police will decide whether criminal charges will be filed. The police will make their decision based on the evidence, the facts and circumstances of the case, and the wishes of the Complaining Witness, or victim. Criminal charges for a Domestic Battery will not be filed because the victim insists that charges be filed. Criminal charges for a Domestic Battery will not be filed because the Complaining Witness insists that charges not be filed. The same holds true once the case goes to Court. While the victim’s wishes are always taken into consideration, since the victim did not file the charges, the victim cannot dismiss the criminal charges. The criminal charges can only be dismissed by the party that filed the criminal charges. If you are facing a felony, the decision to file criminal charges was made by the prosecutor’s office who reviewed the evidence and made the decision about whether to file criminal charges and what criminal charges to file.
In order to be convicted of any criminal charges, including a Domestic Battery, the prosecution must prove each and every element of the offense beyond a reasonable doubt. Prosecutors evaluate every case based on whether they believe that they will be able to prove their case beyond a reasonable doubt in Court. When prosecutors are prosecuting someone for a Domestic Battery, it is common for a Complaining Witness, or victim, to not show up to Court. When that happens, prosecutors will evaluate their case and determine whether they will have enough evidence to prove you guilty beyond a reasonable doubt without the cooperation, and testimony, of the victim. While not having a testimony of the victim usually means that that the prosecutor will not be able to prove their case beyond a reasonable doubt, that is not always the case. There’s more than one way for a prosecutor to prove their case. If you made a statement to the police, prosecutors may be able to admit it into evidence. If there were witnesses to the incident, prosecutors may be able to prove their case with the witnesses. If you made a statement that falls under one of the hearsay exemptions, that statement may be used against you in court to help prove the state’s case.
Illinois does not allow motorists to use their cell phone for talking, texting, or using any other means of electronic communication while they are operating their motor vehicle on a public road. The only way you can use your cell phone while driving is through Bluetooth technology, provided that you are 19 and over. In the last couple of years, tickets issued for using cell phones while driving have become common. The laws regarding use of a cell phone while driving have undergone several changes throughout the years. As a result, many motorists are not fully aware of what the rules are when it comes to using their cell phones while driving. Most of the clients who I meet for cases like this frequently tell me that they did not know how restrictive the cell phone usage laws are in Illinois. I want to take this opportunity to explain the cell phone Distracted Driving law in Illinois so that you know what is allowed and what is not allowed in Illinois.
This morning I met with a client who was charged with a 
A few weeks ago, I signed up a new DUI case in Rolling Meadows. The client is only 23 years old and this was his first DUI. The client’s car broke down on the way home from a friend’s house and he had to to pull his car over by the side of the road. After a short time, a police officer approached his car and started asking him questions. The officer asked my client to perform the Standard Field Sobriety Tests on the side of the road and the client declined to do so because he is recovering from ankle surgery and was worried that he would fail the tests. The officer asked the client to blow into a Portable Breath Device to determine whether he was good to drive, and the client complied with the request. The Portable Breath Test indicated that he was slightly over the legal limit. The officer informed my client that he would be taking him to the police station to prepare some paperwork. When my client arrived at the police station, he was asked to take a Breathalyzer Test and refused. The officer told my client that he would be taken to the hospital for a blood draw to determine what his Blood Alcohol Level was. The client has a fear of needles so he refused to go to the hospital. The officer told my client that if he did not take a Blood Test that he would be placed under arrest. Fearing that he would be arrested for refusing to take a Blood Test, my client agreed to go to the hospital and agreed to have his blood drawn. Even though the police did not have the blood results, they arrested him and charged him with a DUI anyway.
Arguably, the most common question I am asked by clients. This happens all the time with Domestic Battery cases. While it’s always better to have a victim, or complaining witness, that is willing to cooperate with the defense, it does not mean that the case will be dismissed or that the Defendant is guaranteed to win their case. Let me explain.
The best evidence that the police and the prosecutors have to prove a DUI in Court is a Breathalyzer Test. While it is not necessary for the State to have a breathalyzer test to prove you guilty of a DUI in Court, it is the best evidence that the state can have in a DUI case. I frequently talk to clients who do not understand what a Breathalyzer Test is and how easy it is to get a result that could make it very difficult to fight a DUI case. I want to discuss some facts about the Breathalyzer Test and eliminate some common misunderstandings.
I frequently speak to clients who have been arrested for a DUI. After the initial shock of being arrested wears off, most DUI clients start to think about the future and the possible implications of having a DUI. As with most things, most people do not think about what could happen to them if they picked up a DUI until it actually happens to them. When I receive those calls, most clients are initially worried about whether they will be going to jail. After I explain to them that jail is usually not an option for a first time DUI, the next question is whether they will lose their license as a result of the DUI. I want to take an opportunity to talk about how a DUI can affect your drivers license.
When most people find themselves facing criminal charges, basic human instincts will kick in and they will want to try to talk themselves out of the predicament that they find themselves in. This usually happens early on in a criminal case when the police question you and want to get your side of the story. You always have the right to talk to the police and to testify at your trial, however, that may not always be the best strategy. In my 28-years of practicing criminal law, I can honestly say that the biggest mistake that most criminal defendants make is talking to the police. Sometimes, defendants continue making the same mistake and insist on testifying at trial. I want to talk about what your rights are when you are on trial and why you should think twice about talking to the police and testifying at trial.
I often have to catch myself when I’m talking to my clients about their criminal cases. As lawyers, we sometimes use terminology that while it may be common for us, is foreign to most people who are not involved in the criminal justice system every day like we are. The other day I was talking to a client about the status of their criminal case and I mentioned to the client that I was ‘waiting for Discovery’. I didn’t give the terminology a second thought, assuming that the client knew what I was talking about. However, the client made it very clear that they did not understand what I was saying and I realized that most clients probably feel the same way. I want to take this opportunity to describe what Discovery is and why it sometimes takes a long time time for Discovery to be complete.
After 28 years of practicing criminal law, it is very rare to hear a client tell me something about a criminal case that I never heard before. Throughout the years, I have handled thousands of DUI cases. While every case is unique, there are certain common elements to certain criminal cases. This is especially true with most DUI cases. While it is common for me to speak with clients who were arrested for a DUI, for the clients I am speaking to, this is a unique and scary experience for them. Part of my job as a criminal defense lawyer is to listen to the client and guide them through the process so they understand what is happening and how the criminal justice system works. In this post, I want to explain to my readers what a typical DUI arrest looks like.