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Can an Attorney Help Me Get Out of Jail After an Arrest?, criminal charges, criminal defense, crystal lake criminal defense attorney, jail bond, reduced jail staysAn arrest because of a misdemeanor or felony charge can not only be embarrassing: it can threaten your personal and professional life. Your spouse and children may suffer from not having you at home to attend to your responsibilities; similarly, your employer may find it necessary to terminate your employment and hire a replacement if you are not able to return to work quickly. Getting out of jail and returning to work, then, becomes critical.

How an Attorney Can Help You Get Out of Jail More Quickly

When determining whether to set a bond in your case (and, if so, in what amount), a court is typically concerned with two considerations:

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Posted on in Criminal Law

Illinois Curfew Law For Minors, Crystal Lake criminal defense attorneysMany parents who let their teens leave the house alone to attend parties or hang out with friends often require that the teens be home by a certain time. In addition to the curfews imposed by parents, Illinois law also has its own curfew restrictions on juveniles. Under the Illinois Child Curfew Act, juveniles under the age of 17 years old are not allowed to remain in a public place or sometimes a business during curfew hours. Curfew hours are 11:00 p.m. to 6:00 a.m. during the week, and 12:01 a.m. to 6:00 a.m. on weekends.

Curfew violation is considered a minor offense punishable with a fine of $500, and in some cases, community service for the parents of the minor who violated curfew. There are exceptions to the curfew restrictions, and a minor will have a defense to a curfew violation if:

  • The minor is in the company of his parents, guardian, or another person in charge of the minor at the time;
  • The minor was running an errand for a parent or guardian;
  • The minor was going to, or returning from work during curfew hours;
  • The minor is involved in an emergency situation;
  • The minor was at a political, religious, or school related social activity; or
  • The minor is on the sidewalk outside his or her home, or a neighbor's home if the neighbor does not call the police to complain about the minor's presence.

The curfew laws do not apply to married and emancipated minors.

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Illinois suspended license, Crystal Lake Criminal Defense AttorneyHaving a revoked or suspended driver's license can have a huge impact on a person's life. It can mean that the person has no way to travel to work, school, or to take their children to school or daycare. The problem can be compounded if the person has no access to convenient public transportation, and cannot afford other means of transportation, such as cabs and ride shares. This is why some drivers whose licenses are revoked or suspended continue to drive and risk arrest and criminal prosecution.

In Illinois, a person driving on a revoked or suspended license can be charged with either a misdemeanor or a felony depending on their previous arrest for the same charge, and whether or not he causes an accident that results in injury or death to others. Conviction, even on the misdemeanor charge, can result in jail time and thousands of dollars in fines and fees. In addition, the Secretary of State can continue a suspension for the same amount of time as the license was originally suspended or revoked. For example, if the original suspension was for one year, a conviction for driving on a suspended license can cause the Secretary of State to continue the suspension for one more year.

License suspensions can happen when a person is convicted of three or more traffic offenses in a 12-month period. Therefore, one way in which a person can avoid a driving while on a suspended license is to avoid the suspension in the first place. Challenging a traffic offense and avoiding conviction can be key in ensuring a suspension does not occur. Paying tickets without going to a hearing can lead to automatic “convictions,” which can then lead to a license suspension. If a person already has these convictions, he or she may be able to go back and have them reduced to avoid suspension with the help of an attorney.

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Illinois probable cause, Crystal Lake Criminal Defense AttorneysThe Fourth Amendment to the U.S. Constitution guarantees protection from unreasonable searches and seizures by police officers. Generally speaking, in order to conduct a search of a person, his or her car, or his or her residence, the police must either have a warrant authorizing the search, or have probable cause to conduct the search. In fact, warrants should not be granted permitting a search if there is no probable cause. Yet what exactly is probable cause?

Probable cause for an arrest is found when the police have a reasonable basis to believe that a person has committed a crime. In a search, the police have to have a reasonable basis to believe that they will find evidence of a crime from the person or place to be searched.

What constitutes the reasonable basis is often settled by a judge during a preliminary hearing after the search or arrest has already taken place. If a judge decides that there was no reasonable basis for the search, any evidence of a crime that was found during the search cannot be used against the defendant in a criminal prosecution against them. If the police can find independent evidence of the defendant's wrongdoing through other avenues however, the defendant can be prosecuted for the crime.

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Illinois clearing a criminal record, Crystal Lake Criminal Defense AttorneysA criminal record can have a negative effect on many areas of a person's life, and for some people with a criminal record, if they could make it go away, they would jump at the opportunity. Fortunately, Illinois law allows people with eligible arrests, convictions, and supervisions to seal or have their records expunged.

Sealing is the process of restricting access to a person's criminal record by the general public. If a person's criminal record is sealed, it does not disappear; it is kept under seal but still available to law enforcement. When someone's criminal record is expunged, law enforcement agencies destroy all of his or her records regarding the record, and it becomes as though the arrest or conviction never occurred. Expungement is only available to a person who has not been convicted of a crime.

Generally, felonies cannot be expunged or sealed unless the conviction is for a class 4 felony prostitution or drug possession. Most misdemeanor convictions can be sealed. If a person receives a pardon that authorizes expungement, then he or she can have other felonies removed from his or her record in this way. A person seeking expungement or sealing of his or her record may also have to wait several years between a qualifying conviction and applying to have it sealed or expunged, except in cases where the person was acquitted of the charged crime or had his or her charges dismissed.

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