Legal Question in Criminal Law in Illinois

Re: Dui

If you have an income, as you do with the military, you will not be appointed a public defender. You can ask, but it'll be a waste of time. Hire an attorney. Getting the state to dismiss a DUI is very difficult.

Re: Dui

In order to qualify for the services of a court-appointed attorney (the Public Defender) you first need to make a showing that you are indigent. In most jurisdictions in Illinois, this requires filling out a statement of assets and liabilities and then swearing an oath that the information contained in the statement are true and accurate. If the court determines that you are indigent and unable to afford a private attorney, the court will appoint the Public Defender. Whether any lawyer can get the DUI case dismissed for you is another question entirely. Being that this is your first offense and you are in the military, you may be a good candidate for court supervision. The court will usually look at the results of a drug and alcohol evaluation, as well as whether there was an accident, whether there was any property damage, or whether anybody was injured. Also your blood alcohol content at the time is often considered in determining whether you are a good candidate for court supervision.

As far as getting the case dismissed, there are a couple circumstances where that can happen, for example, if the case is set for trial and the state's witnesses fail to appear, the case may be dismissed. Otherwise, you will need the assistance of an attorney to either a) negotiate a plea agreement with the state; or b) represent at trial. For more information, check out our general DUI information at: http://www.shestokas.com/DUI.html