Yes it may provided the evidence is not illegal per se. For instance, many times documentary evidence such as photographs are introduced during the case in chief. The court will release the evidence upon request.

I am assuming you mean the misdemeanor version was dismissed and the charge was enhanced to a felony aggravated DUI. If this is correct this commonly occurs. Typically an arresting officer will charge the misdemeanor DUI version via a citation. The State's Attorney then reviews the case.... View More

Not if you plead guilty to and were sentenced thereupon the offense of DUI. Even if you received court supervision for the offense you cannot successfully expunge the arrest. DUI is one of two offenses that are specifically precluded from expungement by statute.

That reason for the stop can definitely be the reasonable suspicion to justify you. However the police need more than erratic driving / traffic violation to sustain probable cause to arrest you for DUI. Typically they will administer a series of field sobriety tests (Horizontal Gaze Nystagmus,... View More

He will need to file for a hearing. The hearing will be either formal or informal. He may be required to undergo AODA alcohol treatment prior to the SOS granting him driving relief. Even if the charge was his first he could have received a conviction. Different states treat 1st offense DUI... View More

You simply file a police report about the incident. The police will choose to investigate or not. If they move forward they can either file a misdemeanor charge against the person(s) who testified or seek more serious charges against them from the State's Attorney.

If bail is posted your boyfriend will stay out of jail as long as he complies with his bond conditions. Bond conditions may not only be paying bond and not being rearrested for a new offense. Conditions such as stay away orders are routinely added depending on the nature of the charge he is... View More

Not typically. In fact, if the State is seeking extended sentencing they must make this known prior to the time of the plea. The offender must be notified of the State's intent prior to making a plea of guilty. That being said, aggravating factors are definitely allowed in a sentencing... View More

This offense is called sexual assault and is found in 720 ILCS 5/11-1.20. This offense requires allegations that force was used (or the threat thereof), knows the victim is unable to consent (i.e. drugged), is a family member of the defendant, or holds a position of trust over the victim.... View More

It sounds like your question is regarding a civil case since the terms petitioner and respondent are civil case terms. The defendant is the person charged in a criminal case. If you are representing yourself in a criminal case and desire a subpoena you need to prepare it and have the circuit... View More

You would have to file a complaint with the local police department who handles criminal matters in your jurisdiction. The police will then either fill out a misdemeanor complaint or proceed to the State's Attorney in that county and request charges be filed. As a citizen you generally... View More

Not as of January 1, 2016. The law was changed to allow persons facing the Statutory Summary Suspension to begin driving immediately on the 1st day of the SSS if they have obtained a MDDP and have a BAIID installed in their vehicles.

Hire an attorney. The answer to this questions depends greatly on what county he is charged in. All counties have different procedural rules regarding this scenario. If he is charged in a larger county the odds are that this won't affect his supervision depending on what the new charge is.

Yes. You can have your attorney obtain a Driver's License release order. I routinely do this for my clients as they usually need the license for identification purposes. In Illinois the option is to either post $100.00 and a driver's license or $300.00 and no drivers license. This... View More

Yes. There is a compact that exists between almost all states. The compact expressly requires each state to report this type of offense to the state that issues your drivers license. However, in some instances a disposition does not result in a conviction for the offense. In that situation your... View More

If I understand the question, you were arrested in Illinois for the offense of DUI. You are asking if you need to return to the State of Illinois to resolve the pending case. If that is correct, the answer is it depends on what county you are charged with the offense. For example, in some of the... View More

No. The warrant remains active in fugitive status until an offender is apprehended, turns themselves into law enforcement, or obtains a "quash" order. An attorney can typically obtain such an order if they are familiar with the local prosecutors procedures. I can typically obtain such... View More

In most circumstances yes. The arresting officer is required to possess what is termed probable cause to believe that your boyfriend had committed a criminal offense. He cannot be held more than 72 hours however without formal charges being filed against him.