Legal Question in Criminal Law in Illinois
Missed Court Dates
I have been absent for three different court appearances. One for driving without insurance. Another for a misdemeanor (I don't even know what they charged me with). And finally, one for a financial dispute with a previous landlord. My question is this:
What would the steps be for me to get back on the legal path?
P.S. I have no paper work what-so-ever, and am fearful about what could happen to me if I resurface to quickly.
Help me take back control of my life. Thank you!
4 Answers from Attorneys
Re: Missed Court Dates
On the traffic and misdemeanor cases the Court probably put a warrant out for your arrest. So, if you are pulled over again, there is a good chance that you will be held until you are able to make the required bonds on those cases. Sometimes, a person in this situation is actually transported by the police from one jurisdiction to another and on other occasions the person is able to have all bonds posted without being transported. In any event it would be a terrible inconvenience for you. However, all is not lost. In many cases it is possible for an attorney to Enter his Appearance as the individual's attorney of record in the Court case and arrange for the warrrant to be cancelled or at least for the person to turn themselves in voluntarily and post bond at a time more convenient for the person involved. Often times this process can drastically lessen the amount of time the individual has to be in custody. Then, the Court will give the attorney a new Court date and the case will go forward. On the other matter you mention, I presume that this was a civil lawsuit brought by your landlord against you. When you did not show up on the Court date it is most likely that the landlord or his attorney took a Default Judgment against you for whatever damages or other relief he was seeking. If you are within the applicable time limitation you might be able to have that Default set aside and that case rescheduled for a new Court date as well, but there are no guarantees. I have practiced in many counties throughout Illinois and I may be able to help you. You may call me for a free telephone consultation at 314-727-2822.
Re: Missed Court Dates
You most likely have warrants out for your arrest on both the driving with no insurance and on the misdemeanor case, depending on what the charge is and who is the complaining witness. You could call the Clerk�s office and have them check the case statuses for you. If these are Cook County Cases, call 312-603-4641. Call me with any other questions, or if you are going to retain a criminal defense lawyer to represent you. Mike Rosenblat, 847-657-0006. www.criminal-defense1.com
Re: Missed Court Dates
If you really want to get back on the right track, you need to hire an attorney. The attorney will be able to look into each of your cases and will be able to determine the best way to resolve them. Good luck.
Re: Missed Court Dates
In regards to the driving without insurance matter, it is likely that a judgment has been entered against you, for at least $500, which is the minimum fine for an insurance violation. Additionally, it is likely that the secretary of state has been notified and suspended your driving license. This case needs to be brought back into court by way of a motion. The misdemeanor charge has multiple possible scenarios, it is possible that there is an outstanding warrant for your arrest as a result of your failing to appear in this case. If it was a Chicago case and the complaining witness did not appear along with you, it may have been dismissed by way of something called a BFSOL, which means your bond was forfeited, but the case was dismissed. The way to check on the case's status is to call the Clerk of the Circuit Court for the County in which you were arrested. Regarding the dispute with your landlord, if it was a complaint started by you, it is likely that it was dismissed, if started by your landlord, there may be a default judgment against you for the remedies that the landlord sought. This case can be accessed in the courthouse where it was pending and its status determined. If you wish to discuss these matters further, I suggest you contact our Chicago office at 312-578-9396. Good luck.
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