Criminal Defense in Illinois

So imagine that you’ve had a driver’s license in Texas or Georgia or Oregon or some place like that for the last 20 years and you go to renew that license which you’ve had for 20 years and they tell you that your license is suspended.  You are confused because you haven’t had as much as a speeding ticket for years and you are also a bit freaked out because you need your car for work and will lose your job without a license.

After a little investigation you discover that the reason your drivers license is suspended is because 30 years ago you lived in Illinois and got a DUI.  You haven’t been in Illinois since and don’t want to ever come back.  But because of that DUI, Illinois has suspended your license and now that you are ineligible in Illinois you are ineligible everywhere.

The truth is that you’ve been suspended for a while, but only in recent years did States begin to share information with each other.  And the law is that if you can’t get a license in Illinois you can’t get it anywhere.

It’s a total b.s. situation to have driven for years and now be told that you can’t, but it’s also something you have to deal with.  The good news is that you don’t have to come back to Illinois.  What you can do is hire a lawyer and get an out of state driver’s license reinstatement hearing.  The bad news is that you have to jump through hoops like this to get your license back, it takes time and you have to pay money to the State and a lawyer.  The good news is that if you get an attorney, at least the ones that we recommend, the success rate is over 95% as compared to around 40% when you go at it alone.

So this is really one of those crappy situations where you can be pissed off, will be pissed off and should be pissed off.  But after that you need to realize that finding an attorney in Illinois will likely solve the problem.  You’ll never feel good about having to do this process, but in the end at least you should be able to get your license and life back.

It’s something that allows you the rare opportunity to keep a felony off your record. Section 410 of the Illinois Controlled Substances Act allows certain individuals to get probation instead of a conviction if charged with possession of small amounts of drugs. Section 410 is only for someone who has not been convicted or placed on probation for drug possession in the past.

Getting caught with small amounts of cocaine, for example, is a felony. First-time offenders can avoid serving time and can keep their records clean if they qualify for – and successfully complete – their 410 probation.

In order to get 410 probation, you will be found guilty. Then, the judge basically puts your case on hold. If you successfully complete the probation, then the case is dismissed. If you fail to comply with the terms of your probation, the probation can be revoked and you can be sentenced to whatever penalty the law allows … It’s as if you’re going back to the day you pled guilty, but without the option of probation. You only are eligible for 410 probation one time.

Many people fail 410 probation because the requirements are strict. You cannot break the law during your probation; you cannot possess a firearm; you must submit to periodic drug testing (and pay for it yourself); and you must complete 30 hours of community service in most cases. The judge has the discretion to include additional requirements, such as paying fines and undergoing treatment.

Employers often ask if you have been convicted of a crime. One of the main benefits to 410 probation is that you can answer “no.”

If you can get through probation, you still have one more step to go through if you want to completely erase it from your record. After five years, you can petition for expungement. If granted, the record of your probation will be completely erased. Most types of probation cannot be expunged; 410 probation is an exception.

Keep in mind that 410 probation is not granted automatically. An experienced defense attorney can let you know if it’s realistic for your case.