FAQ

Why should I hire an attorney as soon as possible after being arrested for Driving Under the Influence (DUI)?

If you were arrested and charged with Driving Under the Influence of Alcohol in Illinois, your Illinois Driver’s License will be suspended for 6 months to 3 years on the 46th day after your arrest. It is important to hire an attorney that will file the proper paperwork to give you the best chance to avoid the Summary Suspension of your driver’s license.

 

Is it possible to obtain an Illinois Driver’s license after multiple convictions for driving under the influence?

Yes, however a formal hearing with the Illinois Secretary of State will be required for reinstatement. Request for hearing must be in writing and accompanied by a non-refundable $50 filing fee. At hearing testimony and documents are presented to the hearing officer. Having a lawyer represent you at a formal hearing is not mandatory but highly recommended. A lawyer can determine your eligibility for reinstatement, help you obtain and organize the requisite paperwork needed for hearing as well as prepare you for the questions that will be asked of you by the hearing officer. One ill-advised answer at formal hearing can result in an indefinite delay in having your license reinstated.

 

I am under 21 and was charged with possession of alcohol but I was not driving. Will my driver’s license be suspended?

In Illinois, any person under age 21 who receives court supervision for possession or consumption of alcohol will have their driving privileges suspended for at least 3 months.

 

My Illinois Driver’s License is suspended what should I do?

Step one, obtain a driving abstract from the Secretary of State (dmv). Step two, take the driving abstract to an attorney experienced in license suspensions. Most importantly, DO NOT DRIVE. Driving with a suspended license is a crime punishable by jail time. If your license is suspended contact Skinner Law Firm for a free consultation.

 

Should I fight my traffic ticket?

A traffic ticket or moving violation can negatively affect your driving record and may cause a sharp increase in your auto insurance rates. Multiple traffic violations can result in the suspension of your driver’s license. Even if you were speeding or caused a traffic accident, there are defenses that may be available to you. And in cases when dismissal of your traffic case is not possible, there are still numerous ways an experienced lawyer can protect your driving record and minimize the negative impact of your traffic ticket.

 

If I rear-end a driver and their license is suspended who is at fault?

Fault in a car accident is determined by the conduct of the drivers prior to impact. When you drive you have a duty to maintain a safe distance from the car in front of you. In almost all cases a rear-end accident is deemed to be the fault of the person behind.

 

Someone I know has been arrested what should I do?

Seek to secure their freedom as soon as possible. How quickly this can be done if at all depends on the particular case. In many cases the best thing you can do for someone that is arrested is to preserve the arrested person’s ability to defend the accusations. It is best for the accused to refrain from making any statements to anyone especially the police until he or she has been fully able to consult with a criminal defense lawyer. If you would like our assistance, feel free to contact us.

 

I was arrested for retail theft. Will I go to jail?

In most cases the answer is no. Although retail theft is a Class A misdemeanor that carries the potential of a year in jail, such a punishment is rare for a firs- time offender. If you have a criminal background or are charged with felony retail theft the chances of spending time in jail or prison are greatly increased.

 

Is it better to accept a plea bargain or go to trial?

Many criminal cases can be resolved through skillful negotiations and without the necessity for trial. However, the decisions to accept a plea bargain or go to trial is a decision that should be made only after careful deliberation with an attorney after review of any and all evidence relevant to the case and the range of possible punishments.

 

How long does a divorce take?

A divorce can be finalized in a few weeks if the parties know what they want to do and have their financial information gathered for review by an attorney, or could be drawn out over several years depending on the issues and the parties unwillingness to work together to resolve their differences. However, if you and your spouse want to avoid the hassle and expense of a drawn out divorce feel free to contact us to discuss your options.

 

If the police did not read my rights can the charges be dropped?

In most cases, an officers’ failure to read Miranda Rights will not result in dismissal of charges. Miranda is only relevant to whether or not statements made by a defendant after arrest will be allowed into evidence at trial. If your post-arrest statement is a significant part of the evidence against you the officer’s failure to give Miranda could result in those statements being barred from evidence in your case. This could result in a dismissal, reduction in charges or a not guilty verdict at trial.

 

Why should I have an attorney review a real estate contract?

For many the buying or selling a home will be the largest financial transaction you will make in your life. The purchase agreement or real estate contract is the single most important document in the transaction. Although standard printed forms are often used by real estate agents, a lawyer is helpful in explaining the form and making changes and additions to reflect the buyer’s and the seller’s intentions. There are many issues that may need to be addressed in the purchase agreement including mortgage and inspection contingency and the legal consequences if closing does not take place.

 

How long does it take to evict a tenant for nonpayment of rent?

The eviction process in Illinois begins with providing written notice of the eviction to the tenant. Evictions for nonpayment of rent require a 5-day notice. If the tenant fails to move out after the eviction notice is served, the next step is to file a suit in Forcible Entry and Detainer. The length of time involved depends upon how long the sheriff’s department or private process server takes to serve notice on the tenant, how quickly a court date is set. Once a judgment for possession of the premises is granted by a Judge the landowner must then wait for the sheriff to evict the tenant.