The legal effect of Expungement and sealing

Getting any record sealed or expunged in the State of Illinois can be a daunting task that in most cases requires the expertise of an attorney. The first step is to determine whether you are eligible to expunge or seal your record. Individuals who have been convicted of a crime or municipal ordinance violation in Illinois could have their record sealed under the Criminal Identification Act. However, the record cannot be expunged regardless of the outcome of the case. It is important to note that specific felony probations such as First Offender drug probation and TASC (Treatment Alternatives for Safe Communities) may be eligible for expungement or sealed since they are not deemed as convictions.

Expungement vs. sealing

For the most part, there is a difference between expungement and sealing. In the former, the records are destroyed and any mention of your name from the public record is removed. On the other hand, the records are maintained by the agencies in sealed records where only law enforcement will have access to the contents and not the general public. Having any record expunged or sealed is the first step to ensuring that your future isn’t hampered. Employers run thorough background checks while financial and professional licensing institutions are extremely cautious in running checks. The best way to make sure your record is expunged is to contact an experienced attorney. The Law Firm of Andrius Spokas is well experienced and offers an efficient and affordable strategy to get your criminal record expunged or sealed.

DUI Charges – Types of Defenses

Any motorist charged with driving under the influence or DUI will have plenty of questions when it comes to defending themselves. For the most part, a qualified and experienced DUI defense attorney is essential in order to put up a solid defense.

Affirmative defenses

There are several types of defenses which includes affirmative defenses despite state DUI laws differing in many ways. Necessity is one of the major affirmative defenses where the motorists must prove they had no other option but to drive where the circumstances they wished to avoid were more serious than any potential harm caused by DUI. Driving under threat of force is also another affirmative defense while involuntary intoxication is also a common type of defense where a person unknowingly consumed alcohol such as a ‘spiked’ drink at a party.

Common DUI defenses

There are several common drunk driving defenses that DUI attorneys often adopt while defending their client. One of the most common arguments is that the arresting officer lacked probable cause to make the traffic stop. A subject of intense debate today is the accuracy of breathalyzer tests, which is often challenged by DUI attorneys. Field sobriety tests are also a subject for debate where the HGN or horizontal gaze nystagmus test to detect eye movements is strongly challenged by the defense in court. Sometimes, it may be that the BAC level of the accused motorist was below the .08 legal limits at the time of the driving but increased between the time of the traffic stop and administration of the test. For more on how to get the best DUI defense don’t hesitate to call The Law Office of Andrius Spokas.

Why Commercial Drivers in Illinois Need Experienced Legal Counsel

Drivers of commercial vehicles always have to be on guard and need the best possible legal advice since their CDL is a ticket to their career and livelihood. Therefore, it is always important to engage the services of an attorney experienced in CDL and traffic violations.

Different sets of rules apply

Every CDL holder must be cautious about their commercial driving as well as non-commercial driving privileges. The loss of non-commercial driving privileges can also result in the suspension of their commercial driving privileges. The CDL holder can have their privilege taken away under a variety of circumstances, which can only be prevented with the help of an attorney experienced with the Uniform Commercial Driver’s License Act. In addition, for the commercial driver and CDL purposes, supervision is deemed a conviction and isn’t a safe disposition in many circumstances.

Disqualifications and equipment violation

Disqualifications are also an essential factor. The Illinois Secretary of State’s Office can disqualify the driver who will lose his CDL and ability to drive a commercial vehicle. This can be due to several reasons such as refusing blood and chemical tests or leaving the scene of the accident. Disqualifications may also occur during the time when the driver wasn’t driving a commercial vehicle. There are several offenses labeled as a ‘serious traffic violation’ in the Uniform Commercial Driver’s License Act. In some cases, it takes an aggressive attorney to defend a serious traffic violation where it may be necessary to amend the ticket to an equipment violation to negate the effect on CDL privileges. For more on how you can defend yourself from traffic violations in Illinois, contact The Law Office of Andrius Spokas today.

Understanding Your Rights In Criminal Defense

If you have been accused of a crime and face charges it is prudent to consult a skilled criminal defense attorney right away. The criminal justice system is complex and difficult to navigate without the assistance of an attorney, who will get your case moving in the right direction.

Criminal defense – due process

It is important to understand your rights and protections under criminal law, which includes due process. Strict procedures are required to be followed to ensure that the defendant is not denied his or her rights. If you face charges there is always the possibility of being convicted, which could result in imprisonment and fines. However, you have the right to a fair trial and protection under due process.  Law enforcement has the onus of investigating the case, gathering evidence and questioning witnesses, when a crime is committed, before they can secure an arrest warrant. If arrested and charged, bail will be set by a judge, which is refundable if you turn up on court dates. If denied bail, you will need to stay in custody until the trial commences. The appointed judge at the arraignment will determine whether you have a criminal defense attorney or wish to have one appointed.

Get sound legal representation from Spokas Law

A preliminary hearing is held if you face felony charges. During this hearing the prosecution has the responsibility to provide evidence against you while your criminal defense lawyers take the opportunity to cross examine witnesses. To get the best results, it is essential to have an aggressive and experienced criminal defense lawyer represent you. Spokas Law has the potential to provide you with the best legal representation possible. Principal Attorney Andrius Spokas has extensive experience in criminal defense cases, many of which were unlawful arrests.

Medical marijuana and its impact on Illinois DUI laws

Illinois is one of the states to have always had tough DUI laws for both alcohol and drugs. When it comes to cannabis, any amount of the drug in the blood or urine can attract a DUI charge. In response to Illinois’s medical marijuana law, the DUI law was also recently updated. Qualifying patients are now permitted to use medical marijuana when operating a motor vehicle unless they are under the influence of the drug. Patients with medical conditions such as cancer, spinal cord and brain injuries, glaucoma, and Parkinson’s are some of those who qualify for the use of medical marijuana. However, it is still illegal for those who are not registered users to drive with any trace of marijuana in their system.

Registered medical marijuana users and their rights

It is important to understand that registered users receive immunity by giving up specific rights. It is mandatory for registered marijuana users to submit to field sobriety or physical performance tests. Those who fail the test or refuse testing will have their driving license revoked. Those who fail sobriety tests cannot apply for a MDDP or monitored device driving permit while non registered users are still permitted to apply for such permits. Registered marijuana users who fail a sobriety test will have their driver’s license suspended for 6 months while those who refuse testing will lose their driving privileges for a year. If you are confused and need help with medical marijuana and Illinois DUI laws, don’t hesitate to get in touch with Spokas Law. Founded by Andrius Spokas, the law firm consists for a team of experienced attorneys and serves Downtown Chicago and adjoining counties.

Understanding Illinois Traffic Laws

Traffic charges in Illinois are categorized as ‘petty offenses’ or ‘misdemeanor offenses’. The former type of offense attracts fines ranging from $1.00 to $1,000 and includes offenses such as speeding tickets, red light violations, driving without insurance and violations for illegal lane changing.

Classification of misdemeanors

On the other hand, misdemeanors are classified as Class A, B, and C. Serious violations are categorized as Class A misdemeanors and can lead to jail time up to one year in addition to fines up to $2,500. Some of the violations under Class A include speeding in lanes with a specified speed limit, driving under the influence, and reckless driving, to name a few. Individuals can be charged with Class B misdemeanors if they drive at speeds of 26mph or more but less than 35mph in excess of the maximum speed limit. Possession of a fraudulent driver’s license also falls in this category and attracts a prison term of up to six months and fines up to $1500. Activities such as drag racing are classified as a Class C misdemeanor. Individuals charged with this type of traffic violation can be imprisoned for up to 30 days and be liable to pay fines up to $1,000.

Seek legal help from Spokas Law

Accumulating three of any of these classifications, including petty offenses, within a 12 month period will result in the suspension of the individual’s driver’s license. If the defendant has a good driving record, the court may order supervision as a sentencing option. If you have been charged with a traffic offense and need legal representation, Spokas Law represents clients who have been charged with felony & misdemeanor traffic violations. The law firm has extensive experience in representing clients at hearings before the Illinois Secretary of State on a wide range of traffic violations.

Written by a professional author who describes the detail of Andrius Spokas.

Get Professional Legal Counsel On DUI/DWI Charges From Spokas Law

Driving under the influence of alcohol is a major concern. Although there are strict DUI laws many motorists still fall prey to drunk driving. On the other hand, some are wrongly accused and found to be victims of botched breathalyzer and blood tests.

If you or your loved one has been arrested for driving under the influence of alcohol or drugs, you may be facing severe penalties. Conviction for the offense of DUI may result in a jail sentence, fines and costs, community service, alcohol and drug treatment, and suspension of driving privileges.

Get experienced and competent DUI representation from Spokas Law

If you have been arrested for driving under the influence in Chicago and need legal counsel, Spokas Law is here to help. Founded by Andrius Spokas, the law firm serves Downtown Chicago and adjoining counties. Andrius Spokas, Principal Attorney at Spokas Law, holds a Juris Doctor from The John Marshall Law School, Chicago, IL. He is familiar with the Daley Center and other DUI courthouses in the greater Chcagoland area.

Benefit from an experienced attorney

Every case is unique. A strategy that works for one case may not be as successful in another. Attorneys at Spokas Law will take the time to thoroughly assess your case and the evidence against you. They will offer guidance and obtain a best resolution available through aggressive negotiations, mitigation packages, and motion practice. Finally, if the case cannot be dismissed, or no satisfactory result can be obtained, your case will be taken to trial.

Spokas Law prides itself on providing quality service at a great value. Whether it is your first, second, or third DUI conviction and you need an experienced attorney to defend you.  Call us today.

Hire Profession Real Estate Attorney at Spokas Law

Buying a home can be a memorable and equally stressful experience.  Hiring the right attorney who will help you walk through the process, maintain open communications, and meticulously review your contract is key to a smooth transaction.  The Law Office of Andrius Spokas routinely represents clients in the sale as well as purchase of residential real estate.

Contact Spokas Law for Representation in Traffic and CDL Ticket Defense

Traffic violations can lead to severe consequences and a suspension of driving privileges. Convictions can also affect insurance premiums.  Just two convictions within a two year period will result in a suspension for drivers under the age of 21. While 3 convictions within a 12 month period will result in a suspension of driving privileges for drivers over the age of 21.

Convictions for moving violations add points to your driving record, which dictate how long your license will be suspended.  To help avoid convictions, Illinois drivers are eligible for supervision twice a year. However, being eligible for supervision does not guarantee you one.