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Frequently Asked Questions

You probably have questions if you are facing a criminal or traffic charge in Illinois. Below are some of the most common questions we receive on these subjects. If you have detailed questions about your case, please contact our Mount Prospect criminal defense attorneys at Villadonga & Villadonga Attorneys at Law.

Most misdemeanors are lesser crimes that may be punished by a fine and jail time. There are Class A, B, and C misdemeanors in Illinois, with Class A being the most serious.

Felonies are more severe crimes punished by heavier fines and terms in state prison. They are divided into five types in Illinois: Class X, Class 1, Class 2, Class 3, and Class 4, with Class X being the most severe.
It is best thing to do is not to answer their questions during or after your arrest and call a Mount Prospect criminal defense attorney. Remember that any statement you make to the police can and will be used against you. The United States Constitution guarantees your right to remain silent when you are arrested, and remaining silent cannot be used against you. The police will arrest you if they have sufficient evidence, so do not provide them with anything additional to use in the criminal case.
Yes, but the police can only search if you consent to the search, or if they have reasonable suspicion the vehicle contains contraband, was used in the commission of a crime, or evidence is in plain view where the officer can see. You DO have the right to deny the officer consent to search your vehicle. Additionally, the officer is allowed to do a quick pat down of your body to ensure you do not have any weapons on you that could danger the safety of the officer. If they search your vehicle and it turns out they did not have a reasonable suspicion, the evidence collected could be thrown out in court.

A traffic ticket conviction can sometimes lead to a driver’s license suspension. Drivers who are 21 and older in Illinois with three traffic convictions in a year may have their license suspended for three months minimum. Also, the suspension could be longer if your license was previously suspended.

If you are under 21, your driver’s license can be suspended if you receive two traffic violations within a two year period. Also, driving with a revoked or suspended driver’s license will result in a criminal charge. You also can have your license suspended for not yielding to an ambulance or school bus.

Hiring a traffic ticket attorney to handle your traffic charge is recommended. While you can go to court to contest the ticket, your chances improve dramatically with an attorney in your corner. In addition, hiring an attorney to fight your traffic ticket can avoid fines, community service, and points on your license. An attorney can also speak with the prosecutor and work out a better deal than you would be able to get on your own.
If your driving record is reasonably clean, the judge may allow you to go to traffic school and get court supervision for the traffic violation. If you complete your traffic school requirements, you will not have a conviction placed on your driving record. However, you may still need to show up in court to be allowed to go to traffic school; there is no guarantee asking for traffic safety school by mail will be granted. Going to traffic school to avoid a conviction is a good option, but you still need to spend time and money on the program. So, hiring a traffic ticket defense attorney is recommended.
Your traffic ticket will state if you must go to court, but you usually only must appear in court if a conviction would lead to a jail term or a license suspension. However, note that simply paying the ticket by mail and not appearing in court means you pleaded guilty, leading to a negative mark on your driving record. This will cause an increase in your insurance premiums and points on your license.
Not paying your traffic ticket is the worst thing you can do. If you do not pay the fines or show up in court, a conviction is automatic, and this can lead to maximum fines, a license suspension, and higher insurance premiums. A warrant can also be put out for your arrest by not appearing in court.
If you miss your traffic court date, several things can happen. First, the judge may issue a warrant for your arrest and you will need an attorney to quash and recall the warrant or you could be arrested.  You could be found guilty in your absence and fees and fines issued. If you are convicted, your attorney could file a motion to reopen your case to resolve it more favorably. Also, not appearing in court will get your license suspended. So, if you miss your court date, call an Illinois traffic ticket attorney for advice.

The chances of going to jail for a criminal or traffic charge depend on the nature of the offense. You cannot be sent to jail for many minor offenses. For example, you cannot be jailed if you are convicted of minor speeding or running a stop sign. The worst outcome would likely be a fine, points on your license, and perhaps community service.

A misdemeanor conviction can result in up to 364 days of jail time. A misdemeanor offense in Illinois can be a more serious traffic offense, such as DUI or driving with a suspended license. Depending on the severity of the misdemeanor, you can be sentenced to between 30 and 364 days in jail. Whether you go to jail depends on several factors, such as your criminal record, whether someone was injured, and if there are mandatory sentencing guidelines.

If you are convicted of a felony, you could be sentenced to state prison, but the sentence length depends on the crime's severity and your criminal background.

You have the right to a public defender if you cannot afford a criminal defense attorney. However, it is strongly recommended to hire your own attorney to have the best outcome in the criminal case. A private attorney can give more time and attention to your case than a busy public defender can provide.

Contact Our Mount Prospect Illinois Criminal Defense Attorneys

If you have been arrested on a traffic or criminal charge in Illinois, you need legal advice immediately. Villadonga & Villadonga represents clients charged with various crimes and traffic offenses throughout Cook County and the surrounding Collar Counties. Please contact our Mount Prospect, Illinois criminal defense attorneys today at 847-298-5740.

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