Many ask if they should take the breath test on the street, known as the PBT. Often the arresting officer in an Illinois DUI says the PBT, the preliminary breath test (also called the portable breath test) on the street before being arrested, won’t or can’t be used against you in court. That’s true only to a certain extent. In fact, it’s misleading and meant to get a motorist to submit to the test. 
Can the PBT be Used as Evidence?

How can the PBT be Used? 
However, the PBT can be used in certain ways. Typically, the prosecution can…
Continue Reading Should I Take the DUI Breath Test or PBT Before Arrest?

A warrant for arrest was issued for singer R. Kelly from the Cook County Criminal Court. That was a “no bond” warrant. A “no bond” warrant does not mean no bond will be set once the subject of the warrant is taken into custody – the person sought for arrest is afforded a timely bail bond hearing before a Judge of the Circuit Court of Cook County. This is exactly what happened to R. Kelly. 
The singer, accused of multiple accounts of aggravated Illinois felony criminal sexual abuse charges, appeared in front of Judge John Fitzgerald Lyke, Jr, represented by his…
Continue Reading Explaining R Kelly's Million Dollar Bond

The other day, I had a somewhat sensitive criminal case in an Illinois courtroom. The alleged victims in the case are small children. The prosecutor offered a deal. For many reasons I won’t share here, after discussing the offer with my client, we rejected the offer. The prosecutor was stunned and visibly upset. Then she asked the gotcha question no doubt meant to make me rethink the whole thing …
Mr. Fagan, what if it was your kid? How would you react?!

How indeed. The truth is that I might be very emotional. I might be distraught. I might be…
Continue Reading What if it was you Mr. Criminal Attorney?

We’ve already provided practical information about the Chicago DUI courthouse where you will appear if you’ve been arrested for a misdemeanor DUI in Chicago – the case will be heard at the Richard J. Daley Center located at 50 W. Washington, and some information about the building facilities itself can be found here. Meanwhile, any DUI arrest is unsettling, and we thought it might be helpful to walk you through what a DUI defense will look like at Chicago’s Daley Center, also known as the 1st Municipal Court of Cook County, Illinois.  
Where is my Courtroom at the Daley Center? 
While the Daley…
Continue Reading Your Chicago DUI at the Daley Center Courthouse – a practical guide

Skokie DUI Courthouse

Any Illinois DUI arrest is an upsetting event. Most people arrested for DUI have never had any significant contact with the court system, as experienced DUI lawyers might, and certainly never contemplated facing serious criminal penalties. Even the most basic misdemeanor DUI is a serious class A misdemeanor under Illinois law. Possible penalties include jail, loss of driving privileges and more. While we’ve provided information about the law elsewhere, one thing missing is the practical aspect of what to expect from the process. With that in mind, this is our Practical Court Guide series, and in this segment,…
Continue Reading Your DUI at the Skokie Courthouse – a practical guide

The search for the right lawyer for your Illinois criminal or DUI defense obviously is an undertaking worth careful thought. There are many things to think about, starting with the qualifications and experience of an attorney both in the geographic area where you have court, and in the legal area of criminal or DUI defense. But what about some basic, down to earth, practical questions you should consider before hire any professional, espescially an attorney?  

Here are five basic things to consider before speaking with an attorney. These are the nuts and bolts of a good professional relationship, and you have a right…
Continue Reading Five Questions For Hiring a Lawyer for Criminal or DUI Defense

Former officer Jason Van Dyke, the defendant in the Laquan McDonald murder trial, faces an oddball sentencing situation that has Chicago area criminal defense lawyers engaged in an ongoing and interesting discussion. Van Dyke was recently found guilty by a jury of Second Degree Murder and sixteen counts of Aggravated Battery with a Firearm (one for each shot). Sentencing is still to come at this point.
The Crimes and the Times
A charge of Aggravated Battery with a Firearm is what is called a class X felony, which carries a sentencing range of 6 at least, up to a maximum…
Continue Reading The Great Van Dyke Murder Sentencing Debate

Maybe you’ve seen headlines recently such as “9th Circuit panel finds a constitutional right to openly carry a gun,” “U.S. Appeals Court: Constitution Gives Right To Carry Gun In Public,” or “Appeals court rules Constitution protects right to openly carry gun in public.” These headlines are designed to grab attention and shock a person into reading the article, but they can be misleading when it comes to understanding the July 24, 2018 decision in Young v. Hawaii and what it means for people outside Hawaii. This post will briefly discuss the case in light of what, if anything, it means for…
Continue Reading Attorney Reveals if Open Carry in Illinois is Legal with this One Weird Trick!

The Illinois law firm of Fagan, Fagan  is proud to announce our selection as one of the 20 Best DUI Lawyers serving Chicago for 2018 by Expertise.com. 

Expertise.com reviewed 665 Chicago DUI lawyers and law firms based on 25 different criteria including reputation, credibility, experience, and professionalism. They review attorneys in categories including DUI, chicago criminal defense, personal injury and more all over the country and select only the top 20 for inclusion annually. 
According to Expertise.com:
“Why These DUI Lawyers?:Our goal is to connect people with the best local experts. We scored dui lawyers on more than 25 variables across five…
Continue Reading Best Chicago DUI Lawyers 2018

A new Illinois gun crime law takes effect January 2018. This “pilot program” will expire on January 1, 2023. Illinois criminal defense lawyers Fagan, Fagan & Davis explain the effects on UUW and AUUW laws, and how new minimum sentencing requirements are set. 

In Illinois Gun Crime Reloaded Part 2, we noted that one of the primary Illinois authors of the bill characterized the upcoming raised minimum sentences in the Safe Neighborhoods Reform Act as “presumptive”, rather than mandatory. What does that mean, and why that is so important to the new Illinois gun crime law? These minimum sentences are  “presumptive” because of a…
Continue Reading Illinois Gun Crime Law Reloaded Part 3