Posted tagged ‘crime and punishment’

Expunging Uncharged Juvenile Cases

April 23, 2008

If you were ever picked up as a minor in Illinois (under the age of seventeen) but were not charged formally you may still have a police record.

With minors the police have lots of options.  Peer jury, station adjustment, drive home to parents or work through the school police officer.  All of these are possibilities, but the contact still goes into the LEADS system (what is commonly referred to as your “record”)

These contacts usually do not interfere in a persons life, but those wishing to get governemtn clearances or join law enforcement should seriously consider expungement.

This is referred to as a catagory one expungement petition and works if any of the following are true:

 

1. You were arrested detained) but not charged?

2. You were Charged but found not guilty?

3. You were placed on court supervision and successfully terminated it?

4. You were found guilty for an offense that if you had been an adult would have been a Class B or C misdemeanor or less (disorderly conduct, possession of minimal amounts of cannabis, etc.)

If you fall into this group a category one petition can be done quickly by professionals.  For more details see our website or the government site.

We’ll be happy to help you get this straightened out so that you can get on with your life.  We excel at Illinois Expungement.  

Advertisements

Illinois Legislature Defines “Serious Traffic Offenses”

April 13, 2008

DuPage County to Profit

This years traffic code contains a provision which defines cetain offenses as serious.  The question remains open as to what it means.  The statute itself provides a list of traffic offenses:

§ 1-187.001. Serious traffic violation.

(a) A conviction when operating a motor vehicle for:

(1) a violation of subsection (a) of Section 11-402, relating to a motor vehicle accident involving damage to a vehicle;

(2) a violation of Section 11-403, relating to failure to stop and exchange information after a motor vehicle collision, property damage only;

(3) a violation of subsection (a) of Section 11-502, relating to illegal transportation, possession, or carrying of alcoholic liquor within the passenger area of any vehicle;

(4) a violation of Section 6-101 relating to operating a motor vehicle without a valid license or permit;

(5) a violation of Section 11-403, relating to failure to stop and exchange information or give aid after a motor vehicle collision involving personal injury or death;

(6) a violation relating to excessive speeding, involving a single speeding charge of 30 miles per hour or more above the legal speed limit;

(7) a violation relating to reckless driving;

(8) a violation of subsection (d) of Section 11-707, relating to passing in a no-passing zone;

(9) a violation of subsection (b) of Section 11-1402, relating to limitations on backing upon a controlled access highway;

(10) a violation of subsection (b) of Section 11-707, relating to driving on the left side of a roadway in a no-passing zone;

(11) a violation of subsection (e) of Section 11-1002, relating to failure to yield the right-of-way to a pedestrian at an intersection;

(12) a violation of Section 11-1008, relating to failure to yield to a pedestrian on a sidewalk; or

(13) a violation of Section 11-1201, relating to failure to stop for an approaching railroad train or signals

The statute means little in and of itself, as no enhanced penalties are included in the new law.  In fact, part c of the statute says specifically the opposite:

c) A violation of any of these defined serious traffic offenses shall not preclude the defendant from being eligible to receive an order of court supervision under Section 5-6-1 of the Unified Code of Corrections.

So why the law.

Well, for years the vehicle code has used the term serious traffic offense without defining it.  It occurs mostly in situations of disqualifications bases on a certain number of these tickets.  This occurs for holders of CDL’s, and new teenage drivers.  The practical upshot is against younger drivers, who are now required to do traffic school in order to get court supervision, which is a disposition you must go to court to get.

The problem is that the fines and fees required under local rule in DuPage County set the minimum fines and fees on any case at about $280 when you go to court, but they can be as little as $75 if you are able to use the mail in program.

Indeed, DuPage County State’s Attorney Joe Birkett and the Clerk of the Circuit Court Chris Kachiroubas have been expanding the number of cases that are required to appear in court, thus increasing the income to the county generated by their offices.  They do so under the guise of public safety.

The truth is that no other county does this.  In Cook County there is no penalty for going to court the way there is in DuPage County, ditto that for Will, Lake and Kane.