Consequences of a DUI Conviction

Consequences of a DUI Conviction

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Consequences of a DUI Conviction

The consequences of a DUI conviction can be severe. The consequences of a DUI include both the criminal penalties for a DUI and the collateral consequences to your driving privileges. Collateral consequences include the revocation of your driving privileges.

When is a DUI Conviction Possible?

A conviction for a DUI can occur even after your first DUI arrest. Typically, first-time DUI offenders do not receive a conviction as a sentence. Rather, first-time DUI usually receive a sentence of supervision. However, anyone charged with a subsequent DUI is ineligible for supervision and the only sentencing option is a conviction. A sentence of supervision can become a conviction if the State successfully gets a court to revoke your supervision based upon a violation of the supervision terms.

A DUI can also go down as a default judgment that is treated by the Illinois Secretary of State’s Department of Motor Vehicles Division as a conviction. What that means is if you miss your court dates and a judgment is entered against you that judgment is the equivalent of a conviction for the DMV. In these situations, it is imperative that you contact a Chicago DUI lawyer as soon as possible to file the appropriate motions to vacate the default judgment. If successful, the motion to vacate will put the DUI case back on the court’s docket but more importantly it would vacate the judgment which would reinstate your driving privileges.

Out of State DUIConsequences of a DUI Conviction

This criminal defense attorney in Lemoyne says that anyone that receives a DUI out of state will have his or her Illinois driver’s license revoked. The current procedure in place requires the state making the DUI arrest to report to the Illinois DMV that an Illinois resident was arrested for a DUI. At this point, Illinois will likely suspend the Illinois driver’s license under its Implied Consent and statutory summary suspension laws. If the out of state DUI results in a judgment that judgment will be reported to Illinois. Illinois then will revoke the person’s driver’s license. Under the current procedure a first-time DUI offender will have his Illinois driver’s license revoked. This absurd result will occur even if the first-time DUI offender would have received supervision in Illinois.

Criminal Consequences for a DUI Conviction

The Illinois DUI laws and the sentencing scheme it creates control the criminal consequences available for a DUI conviction. For example, mandatory minimum sentences are required for 2nd or subsequent DUIs, cases where the BAC is twice the legal limit, and if minors where in the vehicle driven by or in actual physical control of the DUI offender. The Illinois DUI laws increase the criminal consequences available to a sentencing court depending upon how many prior DUIs are in the offender’s background. A conviction for a DUI will be the only type of sentence available for anyone facing a 2nd or subsequent DUI.

Collateral Consequences of a DUI Conviction

The collateral consequences of a DUI conviction include all the consequences that occur after a DUI conviction other than the criminal consequences. Collateral consequences include the alcohol and drug treatment classes, the fines and fees, consequences to your job, and the potential embarrassment that comes with a DUI arrest. However, the biggest collateral consequence that follows a DUI conviction is the ramification to your driving privileges.

Following a DUI conviction, the DMV will revoke a person’s driving privileges for a minimum of one-year. Unlike a suspension that ends automatically after paying a reinstatement fee, a revocation stays in effect until the DMV reinstates your driving privileges. Typically, the DMV will reinstate your driving privileges only after a hearing with the Secretary of State.

At the hearing, the Secretary of State will make a determination whether your driving privileges will be restored. The Secretary of State hearing can either be a formal or informal hearing. A formal hearing is required anytime driving privileges need to be restored following a fatality or multiple DUIs. Typically, a restricted driving permit is issued prior to full-reinstatement.

Conclusion

The consequences of a DUI conviction cover both the criminal consequences and the collateral consequences. Currently, the law only requires a DUI lawyer to discuss the criminal consequences of a DUI conviction because the courts have said that the criminal consequences are what matter. That logic makes no sense. Anyone convicted of a DUI knows first-hand that losing your privilege to drive has dramatic consequences. An attorney advising someone to cop out to a DUI conviction must discuss the collateral consequences as well.

At Jaleel Law we understand that in the real world collateral consequences matter just as much as the criminal consequences. That is why we will discuss all the consequences involved in your case and we will tell you the pros and cons of every decision that you are required to make in a DUI case or any other case we represent you in. We are not a law firm that encourages pleading guilty and we always look for ways to win your case. We are not afraid to fight for you. If you decide though that you would rather get your case over with as fast as possible, we promise that you will fully know and understand what you are getting yourself into by pleading guilty. On a daily basis we receive calls from clients seeking to appeal their cases and 9 times out of 10 those potential clients tell us “my attorney never told me that.” We promise that will not happen to you because you will know not only the criminal consequences but also the collateral consequences to a conviction in your case.

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The Crime of Embezzlement in Illinois

The Crime of Embezzlement in Illinois

Embezzlement in Illinois is a specific type of a white-collar crime that falls under the theft statute codified at 720 ILCS 5/16-1. While all theft crimes involve taking something from another person what makes embezzlement in Illinois unique is the relationship between the person taking and the person whose property was taken. In all embezzlement cases, whether under federal or Illinois law, requires that the defendant in the embezzlement case to have legal access to the victim’s property.

Legal Access to Property in Embezzlement

Embezzlement in Illinois According to this article, embezzlement requires a relationship between the defendant and the victim where the defendant has access to the victim’s money or property but legal ownership still remains with the victim. Most often these types of situations arise when a fiduciary duty exists between the parties or at the very least the defendant is in a position of trust. For example, embezzlement can occur when an elderly person signs a power of attorney to a family member to manage his or her affairs and instead the family member spends the elderly person’s money on personal items. Embezzlement can also occur when a home buyer gives her realtor money as escrow but instead the realtor deposits the money in his personal account.

Embezzlement can occur in every imaginable situation. However, what distinguishes embezzlement from other theft crimes is always the fact that the victims provided access to their property to the defendant and the thief uses that access for personal gain.

Sentencing in Embezzlement Cases in Illinois

The type of punishment available to a court in sentencing an embezzlement defendant varies depending upon the nature of the offense but most importantly about the dollar value of the amount embezzled and the defendant’s prior criminal background.

Embezzlement in Illinois of less than $500

Embezzlement of less than $500 is generally a Class A misdemeanor in Illinois punishable by a sentence of up to 1 year in a county jail. However, if the embezzlement was committed in a school or place of worship or if the theft was of governmental property than the embezzlement charge would be a Class 4 felony punishable up to 3 years in prison.

A person convicted of embezzlement could also face a Class 4 felony regardless of the amount embezzled if the defendant has a previous conviction of any type of theft, robbery, armed robbery, burglary, residential burglary, possession of burglary tools, home invasion, forgery, any crime relating to the possession of a stolen or converted motor vehicle, or any violation of the Illinois Credit Card and Debit Card Act. 

Embezzlement of $500-$9,999

A person convicted of embezzlement of property between $500 and less than $10,000 is guilty of a Class 3 Felony that is punishable by up to 5 years in prison. However, if the victim was a school or place of worship than the punishment is enhanced to a Class 2 Felony that is punishable by up to 7 years in prison.

Embezzlement of $10,000-$99,999

Any one convicted of embezzlement of property valued at $10,000 or greater and less than $100,000 is guilty of a Class 2 Felony. However, if the victim was a school or place of worship than the punishment is enhanced to a Class 1 Felony punishable by up to 15 years in prison.

Embezzlement of $100,000-$499,999

Embezzlement of property described by wilkes-barre workers compensation lawyer says is a Class 1 Felony when the defendant is found guilty of embezzlement of $100,000 or more but less than $500,000. Again, if the victim is a school or place of worship than the punishment is increased to a Class X offense which is punishable by up to 30 years in prison.

Embezzlement of $500,000-$999,999

Embezzlement of property in excess of $500,000 but less than a million dollars is a non-probationable Class 1 Felony.

Embezzlement of one million dollars or more is a Class X offense.

Any one convicted of embezzlement in excess of $1,000,000 is guilty of a Class X felony punishable between 6-30 years in prison.

Conclusion

A charge of embezzlement in Illinois is a very serious matter that requires an attorney that is proactive and aggressive. Whether at trial or on appeal, Jaleel Law P.C. has the experience to win.

Failure to Register as a Sex Offender and Other Violations of the Illinois Sex Offender Registration Act

failure to register as a sex offender in Illinois

Failure to Register as a Sex Offender

failure to register as a sex offender in Illinois Failure to register as a sex offender is a serious felony offense in Illinois. A significant prison sentence is certainly a valid sentencing option for anyone convicted of failing to register as a sex offender. The sex offender registration laws require anyone convicted or adjudicated of certain sex offense to register as a sex offender. The Sex Offender Registration Act punishes sex offenders who fail to register as a sex offender and individuals who help a sex offender avoid arrest for a charge of failure to register as a sex offender.

What is the Penalty for Failure to Register as a Sex Offender?

Failure to register as sex offender is a Class 3 felony in Illinois. Like all Class 3 felonies, failure to register as a sex offender is punishable by 2-5 years in prison and a fine of $25,000. Court supervision is not available but a sentence of probation is possible. However, anyone who does get probation must serve a mandatory minimum period of 7 days in jail and pay a mandatory fine of $500 to the Sex Offender Registration Fund.

A second or subsequent violation of failing to register as a sex offender is punished much more severely. A second or subsequent violation of the failure to register as a sex offender statue is a Class 2 felony, which is punishable by 3-7 years in prison and a fine of $25,000.

What Court has Venue in a Failure to Register as a Sex Offender Charge?

Most crimes are prosecuted in the county where the crime occurred. For example, if an armed robbery occurs in Du Page County the crime would be prosecuted in Du Page County; likewise, a Chicago DUI would be prosecuted in Cook County. The crime of failure to register as a sex offender is different. The Sex Offender Registration Act allows for a sex offender or sexual predator to be arrested and tried in any Illinois county where the sex offender can be located not just the county where the person failed to register. Additionally, the local police department or sheriff’s office are not required to determine whether the sex offender is living within its jurisdiction prior to arresting a sex offender for a violation of failure to register as a sex offender.

What are the Penalties for Giving False Information When Registering as a Sex Offender?

The sex offender registration laws create extensive reporting requirements for all sex offenders and sexual predators. During this annual registration with the local police, the sex offender must provide detailed information about him or herself. If any of the information provided is incorrect, the sex offender faces a Class 3 felony, if the prosecutor can establish that the person knowingly or willingly gave false information.

Sex Offenders Cannot Change Their Name

Article 21 of the Code of Civil Procedure creates a mechanism for a person to legally change his or her name. However, sex offenders and sexual predators cannot change their name while they are required to register as a sex offender. The sex offender laws are so strict that any sex offender who even attempts to change his or her name can be charged with a Class 3 felony.

What are the Penalties for Aiding a Sex Offender?

The sex offender registration laws in Illinois punish people who aid sex offenders in certain situations. Aiding a sex offender is a Class 3 felony. To fall within the law, a person first must have a reason to believe that the sex offender is not complying with the registration requirements of the sex offender laws and the person must intend to assist the sex offender in eluding the police by:

1)    Providing false information to the police department that is responsible for maintaining the sex offender’s registration;

2)    Harboring, attempting to harbor, or assisting another person to harbor or attempt to harbor the sex offender; or

3)    Concealing, attempting to conceal, or assisting another person in concealing or attempting to conceal, the sexual predator.

Attorneys and other professionals who have a duty of confidentiality cannot be guilty of aiding a sex offender. Additionally, no one can be found guilty of aiding a sex offender if the sex offender is incarcerated or in a psychiatric hospital.

Conclusion

Failure to register as a sex offender is a charge that cannot be taken lightly. The consequences for pleading guilty to the charge of failure to register as a sex offender carries with it the potential of years behind bars and it simply doesn’t make sense to hire an inexperienced attorney.

Jaleel Law P.C. knows what it takes to properly defend a failure to register as a sex offender charge and we have the experience to make sure that the State is forced to meet its tremendous burden of proofing you guilty beyond a reasonable doubt. If you are charged with failing to register as a sex offender, contact us to discuss how we can help.

Is Adultery a Crime in Illinois?

Adultery | Chicago Criminal Defense Attorney

Is Adultery a Crime in Illinois?

Adultery | Chicago Criminal Defense Attorney Adultery touches upon moral, ethical, and religious issues but most people don’t realize that cheating on your spouse is also a crime in Illinois. Adultery is a Class A misdemeanor and the criminal sentencing options include any combination of one year in jail and a fine of $2,500. Court supervision is also an option.

What Constitutes the Crime of Adultery in Illinois?

The crime of adultery punishes sexual intercourse with someone that is not your spouse. Additionally, because it takes two to tango, the laws in Illinois also prohibit an unmarried person from having sex with someone that the person knows is married.

The laws exempt a person from prosecution if the person admits to having an extra-marital affair during the process of obtaining child support.

What is Open and Notorious for Purposes of Illinois’ Adultery Law?

To constitute adultery in Illinois, the behavior has to be “open and notorious.” Open and notorious is a legal phrase that is most commonly used in property law. For the purposes of Illinois’s sex crime laws, open and notorious is defined as behavior that is known by the public, which runs counter to the community’s accepted moral values.

Conclusion

Illinois is still one of the few states in the country that punishes adultery as a crime. Although it is punished in the same sentencing category as domestic battery, possession of cannabis under 30 grams, Illinois DUI, and aggravated speeding, it is an antiquated crime that is rarely charged in Illinois. In fact, I have never seen anyone actually charged with adultery in the Chicago area.

If you are charged with a sex crime in Illinois, the Chicago criminal lawyer at Jaleel Law P.C. has the ability to make a difference in your case. Contact us to discuss how we can help.

Aggravated DUI: When a DUI is a Felony In Illinois

Aggravated DUI | Felony DUI Lawyer | Felony DUI Attorney

Aggravated DUI: When a DUI is a Felony In Illinois

Based on reports by attorneys from https://criminaldefenselawyervirginia.com/dui/, an aggravated DUI is a felony in Illinois. Even a first-time DUI offender can be charged with a felony DUI based upon the facts of the case. However, most first and second-time DUI offenders are charged with a misdemeanor DUI offense in Illinois.

What Are the Penalties for an Aggravated DUI in Illinois?

A felony DUI in Illinois is punished severely by https://www.hirschornlawyers.com/dui-dwi/ lawyers. An aggravated DUI can be charged as a Class 4 Felony, a Class 2 Felony, a Class 1 Felony, and even a Class X Felony. Regardless of classification, a conviction for a felony DUI carries with the potential for incarceration and the revocation of the person’s driving privileges.

What Are the Factors That Make a DUI a Felony In Illinois?

The criminal defense lawyers The Law Offices of Kevin Trombold explained – A DUI is a felony in Illinois if one of 11 aggravating factors are present. If one of these 11 aggravating factors are present, a DUI can be upgraded to a felony even if the person has no criminal background. A reputed lawyer from Flagler Personal Injury Group – accident lawyer miami in florida might also be considered in order to come clean. Here are the factors that make a DUI a felony in Illinois:

1) A 3rd or subsequent DUI arrest will always be charged as a felony DUI.

2) Receiving a DUI while driving a school bus with children under the age of 18 on board.

3) A DUI that results in a car accident where a person suffers permanent disability or great bodily harm and the cause of the injury is because the defendant was drinking and driving.

4) A drunk driving charge becomes an aggravated DUI if the DUI offender has a prior reckless homicide conviction based upon intoxication or impairment.

5) A DUI is a felony in Illinois if the DUI occurs within a school zone and a car crash occurred because of the DUI and another person suffered bodily harm.

6) A DUI is a felony in Illinois if the DUI was the proximate cause of someone’s death.

7) A driving while impaired charge is a felony in Illinois if the DUI occurred when the person’s driving license was suspended or revoked as a result of prior DUI, a statutory summary suspension, or reckless homicide.

8) A drunk driving charge is a felony in Illinois if the offender did not have a valid driver’s license at the time of the DUI offense.

9) An aggravated DUI occurs when the driver knew that the car they were driving was not properly insured.

10) A DUI is a felony in Illinois if the DUI was the proximate cause of bodily harm to a child under the age of 18.

11) A DUI is a felony in Illinois if the DUI offender had passenger under the age of 16 and the person has a prior DUI.

What Should You Do If You Are Facing an Aggravated DUI Charge In Illinois?

An arrest for an aggravated DUI is a very serious matter. A felony DUI conviction can be a life-changing event, not just for you but your entire family. Aggravated DUI is punishable by prison and a maximum fine of $25,000 and many Aggravated DUI charges carry mandatory prison sentences.

Jaleel Law P.C. has the experience and knowledge to beat your felony DUI case. As a former DUI prosecutor, Mr. Jaleel knows how to create reasonable doubt in the State’s DUI case against you. Even if you submitted to a breathalyzer  all hope is not lost, Jaleel Law P.C. has successfully gotten breath tests thrown out of court. Contact us today to see what we can do in your case.

How to Get a Federal Pardon

How to get a federal pardon?

How to Get a Federal Pardon

A federal pardon is one of several remedies that are included in the President’s power to grant executive clemency. Aside from a federal pardon, executive clemency includes a reprieve, commutation, or remission of fine. The President is the only person who has the power to grant or deny a petition for a federal pardon. Additionally, the President’s decision to deny a request for executive clemency is final and cannot be appealed. Federal pardons are typically granted to people who have been law-abiding members of society for a substantial period of time after completing their sentence.

Who is Eligible for a Federal Pardon?

A person who has been convicted of a federal offense is eligible for a federal pardon. Individuals who have not been convicted of a federal crime cannot receive executive clemency. However, convictions for state offenses still maybe eligible for expungement or sealing under Illinois law.

A person applying for a federal pardon must complete a five-year waiting period before filing a petition for executive clemency. The five-year waiting period begins to run when the person is released from federal custody. An individual sentenced to federal probation, a sentence that is limited by the Federal Sentencing Guidelines, can file a petition for a federal pardon five years from the date of the sentence.

What Is Considered Before Granting a Federal Pardon?

Aside from living a productive and crime-free life after completing their federal sentence, individuals seeking a federal pardon must also establish financial stability, a stable work history, responsibility towards their family, and their participation in their community. These factors are considered on an individual basis and what is considered an extraordinary post-conviction life for a person who comes from poverty may not be for another person who comes from a more fortunate environment.

Serious felony violations are less likely to receive a federal pardon unless a significant period of time has elapsed from the offense. Old violations of minor crimes are the most likely to receive a federal pardon. People who have accepted responsibility and have made restitution to the victims are also more likely to receive a federal pardon. That being said, federal pardons are granted in very limited situations to individuals who claim actual innocence or a denial of due process; however, those claims are best raised in a direct appeal or a habeas corpus petition.

The reasons for the federal pardon also play significant role in the President’s decision. Everyone convicted of a federal offense loses significant rights under Illinois and federal law such as losing a federal license or the right to vote. The most compelling reasons for a federal pardon are employment based. Even marginal cases have a great chance of success if the individual can establish that a federal pardon would remove a significant barrier to the person regaining employment and continuing their rehabilitation.

What Needs to Get Submitted to File for a Federal Pardon?

The applicant needs to file the proper application, which is available at the Department of Justice’s website. The completed application should be mailed to the Office of the Pardon Attorney except for military pardons. There is not a fee to file the application for a federal pardon. Aside from the official application, a person may submit any other documentation or recommendations when the file their application for a federal pardon.

Conclusion

A federal pardon or any other form of executive clemency is an extraordinary remedy that is rarely granted. The Obama administration since taking office has received over 15,000 petitions for executive clemency but it has only granted less than 1% of the petitions it has received. These numbers only highlight the fact that to be successful requires extensive planning and organization to present a compelling argument that warrants a federal pardon.

Jaleel Law P.C. can help you navigate the complex maze of executive clemency. If you have served your time and fulfilled your debt to society and you are ready to start fresh, contact Jaleel Law P.C. to discuss how we can help you get a federal pardon.

Learn How to Use Sentence Credits to Reduce a Prison Sentence

sentencing creditsWhat are Sentence Credits?

Sentence credits allow a person to reduce the actual time they spend in custody. The sentence credits system replaced the good conduct credit system. Sentencing credits create incentives for prisoners to engage in IDOC rehabilitation programs. After the prisoner completes the approved IDOC programs he or she will receive a reduction in the amount of time spent in prison.

Aside from completing IDOC programs, a prisoner can receive sentence credits by following the prison’s rules and regulations. Prison demerits or new criminal offenses will result in a prisoner being ineligible for sentence credits. Sentence credits are also available for prisoners who provide service to the community or the State.

Who is Eligible for Sentence Credits?

730 ILCS 5/3-6-3 governs which offenses are eligible for sentence credits. Most criminal offenses in Illinois are eligible for day-for-day good behavior sentence credits, which means that prisoners who remain problem free during their incarceration will receive one day of sentence credit for every day spent in custody. The IDOC director may also award 180 days of good behavior sentence credits.

Some offenses such as first-degree murder and terrorism are ineligible for any sentence reduction. Violent crimes and sex crimes are ineligible for day-for-day sentence credits but are served at either 75 or 85 percent of the sentence.

Conclusion

In Illinois, all sentence are determinate and all IDOC prisoners are given an actual release date that maybe significantly less than the actual sentence. How much less depends upon the prisoner’s eligibility for sentence credits.

If you are trying to solve the riddle of the Illinois sentence credits system, contact Jaleel Law P.C. and we will answer your questions and discuss your options. At Jaleel Law P.C. we have successfully reduced the amount of time prisoners have spent in custody. Whether your case needs an appeal, a post-conviction petition, or any other collateral attack on the sentence, we have the experience to help.

Sentence Reduction for Non-Violent Drug Offenders

early release for non-violent offenders

Sentence Reduction for Non-Violent Drug Offenders

In April, the Federal Sentencing Commission unanimously voted to amend the Federal Sentencing Guidelines and how the Guidelines apply to non-violent drug offenders. The new Sentencing Guidelines will apply to a most federal drug trafficking offenses. Most importantly, the new Federal Sentencing Guidelines will apply retroactively to non-violent drug offenders who are currently in federal prison. As a result of the new Guidelines, many non-violent drug offenders may be eligible to have their sentences reduced beginning in November 2015.

What Has Changed for Non-Violent Drug Offenders?

The Federal Sentencing Commission’s unanimous vote amended the Sentencing Guidelines by lowering the base offense levels in the Drug Quantity Table across drug types. This change may result in lower sentences for most non-violent drug offenders. The new rules also allow federal judges to reduce the sentence of non-violent drug offenders if the sentence reduction does not pose a risk to public safety.

The new rules will apply to nearly 46,000 non-violent drug offenders. Under the new Guidelines, eligible non-violent drug offenders maybe able to have their sentences reduced by nearly 19%.

When Do the New Guidelines Apply to Non-Violent Drug Offenders?

The new Guidelines will not take effect until Congressional approval. Congress has until November 1, 2014 to reject the Commission’s recommendation. If Congress decides to allow the new amendment, federal courts would be able to hear sentence reduction petitions. However, no person currently in prison can be released until November 2015.

Conclusion

The amendments to the Federal Sentencing Guidelines offer a reprieve from the harsh federal sentences imposed upon non-violent drug offenders. Although the new rules do not allow a federal court from releasing a non-violent drug offender until November 2015, now is the time to begin preparing your petition. Contact Jaleel Law P.C. to discuss how we can help to reduce your non-violent drug sentence.

Aggravated Speeding

aggravated speeding in Illinois

Aggravated Speeding

Aggravated speeding in Illinois is a misdemeanor offense that can be punished by up to one year in jail and a fine of $2,500. Aggravated speeding is defined by 625 ILCS 5/11-601.5.

What’s the Difference Between Aggravated Speeding and Petty Speeding?

Petty speeding tickets are ordinary speeding offenses that can be punished with only a fine. Speeding tickets where the speed is less than 25 miles an hour over the speed limit are petty speeding tickets. Aggravated speeding includes all speeding offense where the speed of the offender’s vehicle is over of 26 miles per hour.

Petty speeding tickets carry with them at most a hefty fine and traffic school. Supervision is a valid sentencing option in petty speeding offenses. However, supervision is not an option in aggravated speeding cases.

What Are the Penalties for Aggravated Speeding?

The sentencing options available for aggravated speeding depend largely upon the actual speed cited in the traffic violation. Aggravated speeding between 26-35 miles per hour is a Class B misdemeanor that is punishable by up to 6 months in jail and a fine of $1,500.

Aggravated speeding in excess of 35 miles per hour is a Class A misdemeanor that is punishable by up to a year in jail and a fine of $2,500.

Aside from the criminal penalties that are available for aggravated speeding, a conviction for aggravated speeding also has the potential to cause a suspension or revocation of an offender’s driving privileges.

Conclusion

Aggravated speeding is a serious traffic offense that has the potential to land you in jail or suspend your driver’s license. Jaleel Law P.C. has successfully handled aggravated speeding offenses throughout Chicago, Skokie, Maywood, Markham, Rolling Meadows, Bridgeview, and in Du Page, Lake, Will, Kendall, and Kane counties. If you have been charged with aggravated speeding contact Jaleel Law P.C. we have the experience and the know-how to save your driver’s license and how to protect you from a misdemeanor criminal conviction.

Court Supervision in Illinois

court supervision in illinois

Court Supervision in Illinois

After an acquittal following trial, court supervision is the best option available to anyone charged with a criminal offense. Court supervision is not available as a sentencing option for felony offenses. Court supervision is a valid sentencing option in most misdemeanor cases. Court supervision can be imposed either as part of plea bargain or after a sentencing hearing. A sentence of court supervision is essentially a diversion program because if completed successfully the person serving the court supervision will avoid a conviction on his or her criminal record. If however, the sentence of court supervision is not completed successfully, then the court supervision is terminated and the person will be resentenced.

Receiving court supervision is usually a great result in a criminal case, especially when the probability of success at trial is not clear. One of the best parts things about court supervision is that it is not a conviction. Avoiding a conviction usually means that the offense can be expunged. However, there are a few misdemeanor cases such as DUI and reckless driving that cannot be expunged.

Conclusion

Being charged and convicted of a criminal offense can be a life-altering event. Avoiding a criminal conviction is the most important thing. This can happen only one of three ways, having the charges dismissed, being acquitted, or receiving court supervision. Having a criminal defense attorney OR truck accident lawyer in wakefield ri who has the ability to navigate the criminal process is of utmost importance. While court supervision is usually an ideal resolution of your criminal case, it is and should always be option number 3. Only after a decision is made that the charges cannot be dismissed or that trial is not a viable option should pleading guilty to court supervision be considered.

If you have been arrested for a criminal offense whether it be a felony or a misdemeanor, Jaleel Law P.C. is able to help. Contact us and schedule your free no obligation consultation with a former prosecutor and Top 40 Under 40 Illinois Criminal Attorney. During the consultation we will answer all your questions and tell you in plain English the potential consequences that you face and what we will do to avoid them.