Archive for May, 2011

Why Do You Need To Hire A Skilled Dui Attorney In Nevada?

There can come many circumstances when you need to hire an attorney of DUI Nevada. DUI of alcohol is a serious crime and if you have been caught by the police due to the same then you should contact with an expert Dui attorney or to come out from the incident. Because a DUI charge in Nevada may affect your personal freedom, your employment and your future. Conviction for driving under the influence of alcohol in Nevada will have a long lasting consequence.

It can be challenge to understand the Nevada DUI laws. So you should hire an experienced DUI attorney or lawyer who concentrates only on that particle case and do it fast as a DUI case can be very difficult also.

Your lawyer should take a review or your “Drunk Driving Charge” to give you a better outcome.

What does Nevada Dui law says?

There is a limitation of the percentage of alcohol, like .2% for the driver who is under 21 years of old, for commercial driver’s limitation is .4% and 0.8 % is for general. As per the BAC content a driver can be convicted or arrested.

If you have caught by the police for first DUI offense then it is also punishable and misdemeanor. You can be punished by $1000 fine and jail for six months. There is minimum cost of a first DUI offense is $200 fine, chemical test fees of $60, as a court cost you have pay $70, and 96 hours in community service or jail for two days. And you have to complete the drunk driving education course and attendance is mandatory. You will also have to pay $100 for an alcohol evaluation if you are under 21 years of old. Don’t try to refuse the blood test, as per the law they can force you for the blood test if breath test is refused.

An insurance effect:

On the basis of conviction, your insurance rates likely to increase dramatically, and your carrier may drop and forces you finding a carrier which offers less coverage even more money.

For fist time DUI offense there are certain penalties like:

For under the age of 21: as I already told that the blood alcohol percentage limit is .2 only. And you may be subject to criminal penalties. For 90 days your license will be revoked and you have to pay $100 for the alcohol evaluation done.

Affects on drivers’ license: you have to pay $65 as a reinstatement fee; your licensed will be revoked for 90 days, as per a civil penalty of victim’s compensation you have to pay $35. Driver license fee is 21.75$, and DMV tests.

As a criminal: you will be arrested and you have to be in community service for up to 96 hrs or jail up to 180 days. And also you have to pay $400 to $1000 as a fine, for chemical test fee $60 you need to pay and you have to be in victim impact panel.

Originally published here.


Daniel Smith

Personal Injury Lawyer, Family Law Divorce Attorney in Edison NJ 08817

At the law offices of Robert Bradley Blackman Attorney At Law, we are dedicated to serving your legal needs. We will treat your legal matter with the highest level of service and professionalism. As a former municipal court judge and former municipal prosecutor, Mr. Blackman has the expertise and resources to provide the highest quality legal services in a cost-effective manner. Whether your legal matter is related to an accident, injury or other concern, we are dedicated to providing our clients with prompt, professional and friendly service. Please call today to schedule a free initial consultation. With more than 35 years of experience in criminal law, divorce, personal injury and other matters, you can feel safe that Mr. Blackmans extensive background and successes will help guide you through your most difficult times. He offers his skillful and qualified representation in the following areas: Criminal Law, Municipal Court, DWI-DUI, Juvenile Law, Traffic, Personal Injury, Accidents, Slip & Fall, Contract Litigation, Real Estate (Commercial and Residential), Divorce and Expungement.

Expunging Criminal Histories in Illinois

Expunging Criminal Histories in Illinois


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Home Page > Law > National, State, Local > Expunging Criminal Histories in Illinois

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Expunging Criminal Histories in Illinois

By: David J. Shestokas
Posted: Jul 26, 2008
Views: 1,360


EXPUNGEMENT OF CRIMINAL CASES IN ILLINOIS

            The arrest record of anyone ever arrested remains available to the public unless it is expunged.  This is true even if the case is dismissed or there is a verdict of not guilty.   

Expunged or Sealed:  Most criminal records without convictions can be expunged or sealed and even some records with convictions may be expunged or sealed.  When a record is expunged, it is erased, as if it never existed.  When a record is sealed, only law enforcement may view it.  Others, such as the general public, may not.  A record is best expunged, but is still beneficial to have it sealed.  For a record to be expunged or sealed, it must qualify. 

 

Necessary Information:  To start the process of expunging or sealing a criminal record, it is best to locate all the paperwork relating to the case or cases.  The following information is needed: 

·        Defendant’s contact information

·        Case number

·        What happened in court — a guilty plea, dismissal, etc.  This is called the “disposition” on the court record and it can be found at the courthouse where the case was heard.

·        Date of arrest

·        Agency or Police Department conducting the arrest. 

 

Additionally, it may be necessary to obtain a criminal history. Criminal histories can be obtained from the following places:

·        Illinois State Police, Bureau of Identification,

                               260 North Chicago Street, Joliet IL 60432,                   ·        The FBI, U.S. Department of Justice,                                1000 Custer Hollow Road, Clarksburg WV 26306.                 ·        The circuit clerk of the court where your case was handled. The clerks only have records for their counties not for the entire country or the State of Illinois.  Information for Illinois Circuit Clerks can be found at: http://www.state.il.us/court/CircuitCourt/CircuitCourtJudges/CCC_District.asp

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            Records that can be Expunged:  To determine whether a record qualifies to be expunged or sealed, it is best to consult an experienced expungement attorney.  Some qualifying situations are listed below:

·        If the defendant was acquitted, released without conviction, found not guilty or   there was a no probable cause finding, or nolle prosequi (dismissed by the State’s Attorney).

·         Most cases qualify if there was *supervision ordered AND two years have passed since the successful completion of supervision.  The cases listed below require five years.

·        Cases in which an order of supervision or terminating probation was entered AND at least five years have passed since termination.  This applies to the following:

o       Uninsured motor vehicle

o       Suspended registration for non-insurance

o       Display of false insurance

o       Reckless driving

o       Retail theft

o       Certain cases involving Cannabis/Marijuana and Drugs and Alcohol.

·        Cases in which a conviction or sentence has been set aside and the court later determines you are factually innocent

·        Cases in which the governor has issued a pardon

 

Records that cannot be Expunged: 

·        A finding of guilt, with judgment on the finding, based on either a plea or verdict resulting in a sentence.  This does not apply to probation under the Cannabis, Controlled Substances, Steroid Control, or Alcohol and Drug Dependency Acts.

·        Probation (except under the acts listed above)

·        Supervision or conviction of a sexual offense against a minor under 18 years of age

·        Conditional discharge

·        DUI supervision

 Records that can be Sealed:   Below are some general requirements to have a record sealed.  However, to make sure, it is best to consult an attorney.

·        An adult or a minor prosecuted as an adult for a misdemeanor or municipal ordinance violation, and the defendant:

o       Was Acquitted  (Found Not Guilty)

o       Was Released without being convicted

o       Had a conviction was reversed either on appeal or by the trial judge

o       Received supervision for a misdemeanor AND had no convictions AND was not placed on supervision for a misdemeanor for three years following the termination of the case you are seeking to seal.

o       Had a case that was a qualifying Class 4 felony (possession of marijuana, possession of a controlled substance, and prostitution).

o       Received a misdemeanor conviction AND had no convictions or supervisions for a felony or misdemeanor for four years following your sentence.

·       Court Supervision may follow a guilty plea or a finding of guilt after trial. Supervision, if ordered by the judge and successfully completed, means there is not a record of conviction on the charge.  It should be noted that while supervision does not constitute a conviction, the supervision itself will stay on your public record unless expunged or sealed.  Court Supervision is like a continuance, pending the defendant’s good conduct, with dismissal of the charges upon acceptable compliance.  If the conditions are complied with, there is no conviction.  Supervision can be for up to two years and eliigibility for expunging or sealing does not begin until two or five years after the supervision is over.

If you have further questions about Illinois Expungement Law, please go to:

http://shestokas.com/Ask_an_Attorney.html     

Only matters charged as crimes or business offenses are covered by the information on this page.  Traffic tickets, divorces, or orders of protection are not covered by the rules above.

 

                                                                                          (c) 2008 Shestokas, Raines & Malavia

David J. Shestokas – About the Author:

Mr. Shestokas earned his B.A. in Political Science from Bradley University in 1975 and his Juris Doctor from The John Marshall Law School, cum laude, in June of 1987. He also studied law at Trinity College in Dublin, Ireland.

Mr. Shestokas founded the Law Office of David Shestokas in November, 1987. After practicing in areas such as criminal defense, corporate law, real estate, and business financing, he later served as Assistant State’s Attorney for the Cook County State’s Attorney’s Office in Chicago, IL, from 1994 to 1998, involved in over 5,000 criminal prosecutions. During that time he also worked on the Felony Review Unit, participating in police investigations and making charging decisions in over 400 felony matters.

Mr. Shestokas has been admitted to practice law before the Illinois Supreme Court in 1987, the United States District Court for the Northern District of Illinois in 1988, the Supreme Court of Florida in 2004, and the United States District Court for the Middle District of Florida in 2006. Additionally, he has participated in numerous activities and associations; for instance, he has been a member of the Lemont Law Enforcement Association (1998-2004), Lemont Public Library Trustee (1995-2004), Lemont Township Board of School Trustees (1998-1999), the Chicago Bar Association (from 1999 to the present), the Baltic Bar Association (1991 to the present. More detail can be found at http://shestokas.com/David_Shestokas.html

Source: http://www.articlesbase.com/national-state-local-articles/expunging-criminal-histories-in-illinois-498437.html

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Article Tags:
expungement, seal record, criminal history, fbi, illinois state police

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