Deferred prosecution programs are an important aspect of the criminal justice system in Illinois, offering an alternative to traditional prosecution and sentencing. These programs provide certain eligible defendants, particularly first-time or non-violent offenders, an opportunity to avoid a criminal conviction and its associated consequences. Instead of proceeding with a trial, the prosecution is deferred, allowing the defendant to complete specific requirements or conditions. Upon successful completion, the charges may be dismissed, leaving the defendant without a criminal record.

What is Deferred Prosecution?

Deferred prosecution is a legal mechanism whereby the prosecution of a criminal charge is postponed or deferred. During this period, the defendant is typically required to comply with various conditions, such as participating in rehabilitation programs, performing community service, paying restitution, or attending counseling. The goal of deferred prosecution is to provide defendants, especially those without a prior criminal history, with a second chance to rehabilitate without the stigma of a criminal conviction.

In Illinois, deferred prosecution is often used in cases involving minor offenses, non-violent crimes, or cases where the defendant has demonstrated a willingness to take responsibility for their actions and to make amends. This approach aligns with the broader goals of restorative justice, which emphasize rehabilitation and community reintegration over punishment.

Eligibility for Deferred Prosecution in Illinois

Not all defendants are eligible for deferred prosecution. Eligibility is generally limited to first-time offenders or individuals charged with non-violent crimes. The specific criteria for eligibility can vary depending on the county and the nature of the offense. For example, in Cook County, the Deferred Prosecution Program is typically available to individuals charged with theft, retail theft, criminal damage to property, and other similar non-violent offenses.

To qualify for deferred prosecution, the defendant must meet several criteria:

1. First-Time Offender: The defendant should have no prior criminal convictions. In some cases, even a prior arrest, without a conviction, could render a defendant ineligible.
2. Non-Violent Crime: The charge must typically be a non-violent offense, such as theft, fraud, or possession of a controlled substance. Violent crimes, sexual offenses, and other serious felonies usually do not qualify for deferred prosecution.
3. Victim Consent: In cases involving a victim, the victim’s consent may be required for the defendant to participate in the program. This is particularly relevant in cases involving theft or fraud, where restitution may be a key component of the program.
4. Willingness to Comply: The defendant must demonstrate a willingness to comply with the conditions of the program, which may include counseling, community service, restitution, or other requirements.

Process of Deferred Prosecution in Illinois

The process of entering a deferred prosecution program in Illinois typically begins with a discussion between the defense attorney and the prosecutor. If both parties agree that the defendant is eligible and the case is appropriate for deferred prosecution, the defense attorney will request that the court defer the prosecution.

Once the court approves the deferred prosecution agreement, the defendant will enter into a formal contract outlining the terms and conditions they must meet. These conditions can vary widely but often include:

• Completion of Community Service: The defendant may be required to perform a certain number of hours of community service as a way of giving back to the community.
• Counseling or Treatment: If the offense involved substance abuse or mental health issues, the defendant might be required to undergo counseling or treatment programs.
• Restitution: In cases involving financial harm to a victim, the defendant may be required to pay restitution to compensate for the loss.
• Regular Check-Ins: The defendant may need to check in regularly with a probation officer or program coordinator to ensure compliance with the program’s terms.

The length of the deferred prosecution period can vary depending on the nature of the offense and the specific requirements of the program. It can range from a few months to over a year.

Successful Completion and Outcome

If the defendant successfully completes all the terms of the deferred prosecution program, the charges against them may be dismissed, resulting in no criminal conviction on their record. This outcome can be highly beneficial, as it allows the defendant to move forward without the long-lasting consequences of a criminal record, such as difficulty finding employment or housing.

However, if the defendant fails to comply with the conditions of the deferred prosecution program, the prosecutor can resume the criminal case, and the defendant may face the original charges. This underscores the importance of fully committing to the requirements of the program.

The Role of the Defense Attorney

A skilled defense attorney plays a crucial role in navigating deferred prosecution programs. They can assess the defendant’s eligibility, negotiate with prosecutors, and guide the defendant through the process. Additionally, an attorney can help ensure that the conditions of the program are reasonable and that the defendant has the best chance of successfully completing the program.

Conclusion

Deferred prosecution programs in Illinois offer a valuable opportunity for eligible defendants to avoid the harsh consequences of a criminal conviction. By focusing on rehabilitation and restorative justice, these programs not only benefit the individual defendant but also serve the broader interests of society by reducing recidivism and promoting positive change. For those facing criminal charges, understanding and exploring the option of deferred prosecution can be a critical step towards a second chance and a brighter future.

Contact Andrew M. Weisberg: A Trusted Chicago Defense Attorney

If you or a loved one is facing criminal charges and believe deferred prosecution may be an option, it is essential to consult with an experienced defense attorney who can guide you through the process. Andrew M. Weisberg has extensive experience navigating deferred prosecution programs in Illinois and can help you understand your options and defend your rights. Contact Andrew M. Weisberg for a free consultation at (773) 908-9811 to discuss your case and explore the best path forward.

This year, the state legislature in Illinois made a big change to the process of sealing or expunging records in the state that will have a huge impact.

Illinois HB 4392 is now waiting for the governor to sign it into law, having passed both the state house and state senate. This bill helps to give those with felony records a chance to have their records expunged – even if they test positive for marijuana.

Yes, that’s right – expungement or record sealing in Illinois is currently dependent on passing a drug test, but this bill is set to change all of that. Here is what you need to know.

What is HB 4392?

HB 4392 is a bill that allows people who want to petition the court to have their criminal records sealed or expunged – even if they happen to test positive for marijuana in the drug test required by the state.

What Is the Current Law?

As of right now, the law requires that those who want to expunge or seal their criminal records to pass a drug screen 30 days before filing their petition to the court. You must attach a drug test with your petition for expungement or sealing or the court will automatically deny you.

However, failure of this drug test also means that your petition will automatically be denied.

What Is Expungement in Illinois?

In the state of Illinois, the law allows some criminal records to be sealed or expunged, but only to those who qualify.

For those who have been arrested for a crime, or arrested and charged with a crime but not convicted, you may be eligible to have your records sealed or expunged. However, anyone who has been convicted of a crime in the state is not eligible to have their record expunged – instead, it can be sealed. Many misdemeanor and felony convictions will allow for a record to be sealed.

Expungement means that any record of an arrest or charges that didn’t result in a conviction can essentially be removed from your record. Sealing, on the other hand, means that your record still exists in the legal sense, as it will be viewable by the court, but it will not show up on any background check done outside of law enforcement. A sealed record cannot be obtained without a court order.

How Do You Know If You Qualify?

You are eligible to have your criminal record expunged if:

• You have completed court supervision successfully
• You were acquitted of charges against you
• The case against you was dismissed

For a record to be sealed, you can be eligible as long as it’s not related to:

• Charges or conviction of a DUI
• Violating a no-contact order
• Domestic battery
• Order of protection violation
• Sex crimes
• Reckless driving
• Crimes against animals

You also have to wait a certain amount of time if you are eligible to have your criminal record sealed in the state. However, you can petition for an expungement right after your case has been dismissed – or you’ve been acquitted.

This new law in Illinois will change record sealing and expungement for many people, especially now that marijuana is legal both recreationally and medically in the state. So, if you are looking to have your records sealed or expunged, discuss this new development with your attorney to make sure it is in effect before petitioning the court and taking your required drug test.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

Many families have traditions. In some, drinking at holidays is part of what your family has passed down from one generation to the next – as a way to celebrate.

If consuming alcohol is a part of your holiday celebrations, you may wonder if your teen is old enough to join in. That may be okay, in certain circumstances.

As a parent, it’s vital to understand what you can and cannot do if you’re going to allow your teen to partake in some bubbly at the holiday meal. After all, you need to know what is legal and what could result in criminal penalties – not only for your teen but for you, as well.

Here’s what you need to know about underage drinking in Illinois, what you can and cannot do, and what penalties can be faced if you go outside of the law.

Underage Drinking in Illinois

In general, it is illegal for someone under the age of 21 to drink alcohol in Illinois. They cannot possess or consume it. If they do, they can get charged with possession of alcohol as a minor.

There are, however, exceptions to this general drinking rule. First, a minor is allowed to consume alcohol at home under the direct permission and supervision of their guardian or parent. Second, a minor can possess, dispense, and consume alcohol if it’s during the performance of a religious ceremony.

So, it’s reasonable to let your child enjoy an adult beverage under your supervision in the privacy of your home or to take communion wine at church, but that’s where the exceptions end. And, even within those exceptions, letting your teen drive after they’ve had any amount of alcohol – whether they’re impaired or not – is illegal.

If they drink and drive, Illinois has a zero-tolerance policy. They can lose their license for drinking and driving under the influence with any amount of alcohol in their system.

Other Important Information

Rarely are teens alone. They seem to constantly be surrounded by friends. If you’re going to let your teen drink at home during the holidays, can you let their friend partake as well? The answer to that, unless their guardian or parent is also present, is a firm “no”.

If you facilitate providing alcohol to a minor child in Illinois, then it’s a crime. Specifically, it’s a Class A misdemeanor. If you serve a minor alcohol, and they leave intoxicated or die as a result of the intoxication, then it’s a Class 4 felony.

So, do not provide alcohol to a child who is not your own, no matter how cool of a parent you think you are. It’s up to the legal guardians of children to decide if their child can imbibe. If they’re not there to make that decision, then it’s not yours to make for them.

Penalties for Underage Drinking in Illinois

If anyone under the age of 21 is found in possession of alcohol, or if they have consumed it, then they can be charged with possession. This is a Class A misdemeanor in Illinois, which can result in up to 12 months in jail and fines of as much as $2,500. Plus, it creates a criminal record for a child, which could hurt their lives going forward. This is really something to think about when a minor has their entire life literally in front of them.

Anyone under 21 who obtains a fake ID in order to get alcohol also faces severe consequences, even though it is a relatively common crime. If they are caught using a fake ID, then they can be charged with a Class A misdemeanor. They may be sentenced to up to 25 hours of community service and be ordered to pay fines of up to $500.

If they are caught driving with any amount of alcohol in Illinois, they can lose their driving privileges. The first time they’re caught, their license can be suspended for up to three months. The second time, they can lose it for an entire year.

Minor DUIs

DUIs are often associated with adults, but minors can be charged with DUIs in Illinois, too. If someone under 21 is found driving over the legal limit in the state, which is a blood alcohol content of 0.08 percent or higher, then they will be charged with a DUI. However, a minor with a blood alcohol content of 0.05 percent with impairment can also be charged with a DUI in the state.

If convicted for the first time, they face up to 12 months behind bars and fines of as much as $2,500. They can also lose their license for at least two years. A second DUI means the same jail time and fines as a first offense – but a minimum mandatory jail term will be enforced, and they will lose their license for at least five years.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

You’re probably thinking the whole thing is behind you now and you can get back on with your life. Unfortunately, you now have a criminal record in Illinois, and it’s probably going to be a lot harder to get a job.

When you find yourself in such a situation, you’re going to need to know what kind of job to look for in order to get back on your feet.

Illinois Companies Pledge to Reduce Hiring Barriers

Many individuals have a difficult time even getting to the interview stage, let alone getting a callback. We’ll cut to the chase. There is a public move towards giving those with a record a second chance, and it seems to be picking up steam. This is the ideal place to start.

Companies such as Google and Starbucks have pledged to reduce hiring barriers for those with a record. Other companies that are known for reaching out to the formerly incarcerated include Kohl’s, Ace, PetSmart, and Sprint.

Furthermore, many cities and states are “banning the box,” which means employers aren’t even allowed to ask about or check for a criminal record prior to a job offer.

What’s in it for participating employers? Plenty. Any company that does hire a formerly incarcerated individual gets a tax credit as well.

Well-Paying Jobs in Illinois That Often Don’t Look at Criminal History

Aside from specific companies to target, there is also a suite of well-paying jobs that don’t depend on you having a clear criminal record.

Computer and Tech Jobs

You can easily become a web developer without having to pass a background check. In fact, many web developers are also able to work full-time for themselves.

Another great option is a computer programmer. You can usually get into this with an associate’s degree, and because it’s such a high-demand job, companies are often willing to look past minor offenses for the right candidate.

Sales Representative

Almost all companies are on the lookout for good salespeople. This is another position that often doesn’t require a background check, simply the skill.

Another bonus is that this can be a good-paying job for someone with only a high school education or not much more.

If you were convicted of embezzlement, theft, or a related crime, you may be disqualified from some opportunities, but otherwise, a salesperson position often has great earning potential.

Hands-On Jobs

Jobs revolving around manual labor are also a good opportunity for those with a criminal record. Although it’s hard work, you can make a very good living.

Many in technical and specialty fields like this actually go on to run their own shops after apprenticing for a few years. Some of these jobs include auto mechanic, carpenter, and industrial mechanic.

Increasing Your Chances at a Good Illinois Job After Conviction

Whether you have a record or not, you should have a professional look over your resume. You can also get a free resume review from many job-search sites. This will ensure you accurately capture all relevant knowledge and experience for the job you apply for.

There are also job programs and grants that exist solely to help those with a criminal record get employed. It also may be helpful to run a background check on yourself, so you know exactly what an employer would see, and you can address and alleviate any of their concerns.

Although there is hope for a good career even after a record, it’s much easier to avoid the situation and make sure employers never see your record in the first place.

Your best bet is to have your record expunged. After you have your record sealed, it is only available to court or law enforcement personnel; your criminal record will no longer be visible to potential employers.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes.