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Showing posts with label DUI. Show all posts
Showing posts with label DUI. Show all posts

Tuesday, March 4, 2014

What Is Court Supervision?

If you are found or plead guilty, depending on the type of crime or offense you committed, the Court could place you on what's called Court Supervision. This is the lowest form of punishment, and this is the best form of "punishment" for a person who committed an offense.

What is Court Supervision is best described as what it's not- a conviction. Court Supervision is *NOT* a conviction. That means if you are ever asked, mainly by your insurance company or on a job application, "Have you ever committed a crime?", the answer is unequivocally "NO".

730 ILCS 5/5-6-3.1 reads like this in part:
(d) The Court shall defer entering any judgment on the charged until the conclusion of the supervision.
(e) At the conclusion of the period of supervision if the court determines that the defendant has successfully complied with all of the conditions of supervision, the court shall discharge the defendant and enter a judgment dismissing the charges.
Many Judges I've worked with sees Court Supervision as a delayed dismissal of a case. I never viewed it that (I will explain why in a bit), but that goes to show you how beneficial Court Supervision is.

There are four main types of punishment: Court Supervision, Conditional Discharge, Probation, and a Conviction. The latter three are considered "convictions" and they will be discussed more in depth in a later post. For right now, we are just concerning ourselves with Court Supervision. 

Friday, February 28, 2014

What Is A Misdemeanor?

There are two main types of crimes in the State of Illinois- they are misdemeanors and felonies. They are mainly categorized by the length of time you can be imprisoned for the crime. The maximum amount of time you can be imprisoned for a misdemeanor is one year. Any crime that carries the possibility of spending more than a year in jail is considered a felony.

In Illinois, there are three different classes of misdemeanors. They are Class A, Class B, and Class C misdemeanors. Class A's are the most serious, and Class C's are the least serious. These classification of misdemeanors are also differentiated by the maximum amount of time that you can potentially be incarcerated for.

The maximum amount of time that you can be put in jail for a Class C Misdemeanor is 30 days. It also comes with a maximum amount of fine of $1,500. Common Class C Misdemeanors includes:
  • Possession of Under 2.5 Grams of Cannabis (Marijuana) 
  • Disorderly Conduct
  • Assault
The maximum amount of time that you can be put in jail for a Class B Misdemeanor is 180 days in jail and a fine of $1,500. Common Class B Misdemeanors includes:

  • Possession of Between 2.5 and 10 Grams of Cannabis (Marijuana)
  • Speeding Between 26-35 miles per hour
  • Criminal Trespass to Land
  • Telephone Harassment
Very few misdemeanors in Illinois are Class B Misdemeanors. The vast majority of misdemeanors are Class A Misdemeanors, and generally speaking, if it is not a Class A, then it is a Class C. 

The maximum amount of time that you can be put in jail for a Class A Misdemeanor is 364 days in jail and a fine of $2,500. Common Class A Misdemeanors includes:
  • DUI/DWI
  • Driving on a Suspended or Revoked License
  • Possession of Drug Paraphernalia
  • Battery
  • Criminal Damage to Property
  • Criminal Damage to Vehicles
  • Domestic Battery
  • Retail Theft / Theft
  • Resisting or Obstructing a Police Officer
  • Violation of an Order of Protection
  • Speeding 36 Miles Per Hour or Higher
  • Possession of Between 10 and 30 grams of Cannabis (Marijuana) 

Now just because these misdemeanors carry with it a maximum jail sentence and a maximum fine, does not mean that is what you will be sentenced to. In all my time as a prosecutor, I have never seen any person receive the maximum sentence for any of these misdemeanors.

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NOTE: Adam J. Kaplan and The Law Offices of Adam J. Kaplan are NOT your attorney. You have not entered into an agreement with The Law Offices of Adam J. Kaplan. If you would like a free consultation or to be represented by The Law Offices of Adam J. Kaplan, please click on any of the links in this section or visit the "The Law Offices of Adam J. Kaplan" section on the middle, right side of this blog. The aforementioned was meant to be solely informative, and it should not be construed as legal advice.