Latest from Sexner Blog

A public defender is a lawyer who has passed the bar and who works for the government in criminal defense. They are charged with representing criminal defendants who cannot afford to pay for a private attorney. Public defenders are paid by the government and are staff attorneys of a public defender service. However, while they are paid by the local, state, or federal government, they legally represent the interests of the client they’ve been assigned. If you can’t afford to hire an attorney, they could represent you.
Illinois has a Public Defender Association. The goals of the association are
Continue Reading What Is a Public Defender?

In every state, it is illegal to drive under the influence of drugs or alcohol. However, the penalty varies from state to state. If a police officer suspects that you are driving under the influence, you will be stopped and given a breathalyzer test to measure your blood alcohol content.
The charges you face will depend on your age and blood alcohol level. For example, any driver with a blood alcohol level higher than 0.08% will be charged with a DUI. Illinois has a Zero Tolerance Law for drivers under the age of 21. Even trace amounts of alcohol will
Continue Reading How Long Does a DUI Stay on Record?

If you have been charged with a criminal offense, it’s important to understand the difference between probation and parole. This will help dictate how you must act and how it can affect your future. Additionally, while there are differences between probation and parole, there are also similarities that you should understand. Depending on your behavior in prison or jail, you may receive either.
Probation in Chicago, IL
After a person has been arrested, charged, and later convicted of a crime, there is an option for probation or parole. Probation is a form of sentencing that the court can hand down.
Continue Reading What’s the Difference Between Parole and Probation?

Yes. Teens can face assault charges if involved in a fight with another student or someone else at school. Assault is a serious crime in Illinois. Your child could face long-lasting consequences if convicted. Despite being a minor, they might be forced to serve time in jail. A conviction can disrupt their life and negatively affect their future.
Fortunately, state laws aim to keep juveniles out of prison and focus on rehabilitation. Depending on the circumstances, your son or daughter could avoid imprisonment in exchange for probation or entering a treatment program. Immediately following the arrest, you should consult an
Continue Reading Can You Be Prosecuted for Being in a Fight at School?

Sentencing for possession, manufacturing, or another offense involving cocaine can include imprisonment and fines. State laws punish these crimes harshly. If convicted, you could spend as much as 30 years behind bars, depending on the amount of cocaine involved in the offense.
Defending a cocaine charge can be complicated. It requires an effective legal strategy to discount the prosecution’s theories and instill doubt about your guilt in the minds of the jurors. There are steps you should take if you’re arrested for possession or another cocaine offense.
Steps You Should Follow After an Arrest
You have specific rights if you
Continue Reading How to Approach a Cocaine Charge

If you were convicted of a sex crime in Illinois and had to register as a sex offender, you know the long-term consequences you must face. Registration affects not only your reputation, job, and family but also disrupts your life. The Illinois Sex Offender Registration Act requires you to register after completing your sentence and update your information regularly.
Instead of making updates from a computer in the comfort of your home, you must bring necessary information to the local police department and re-register every year or every 90 days, depending on the requirements under state law. When you’re trying
Continue Reading How to Be Removed from a Sex Offender Registry

According to the Federal Bureau of Investigation Uniform Crime Reporting Program, there were 385,278 aggravated assaults in 2019 and 1,025,711 other types of assaults. It is important to remember that not everyone accused of assault is guilty in the eyes of the law. For example, if the victim of an assault voluntarily takes part in an activity that results in injury, they cannot accuse someone else of assault.
For example, if you engage in a playful fight with your friend and end up getting hurt, the court may say that you consented to be hit by him. If you
Continue Reading How to Avoid an Assault Charge

If you have been arrested, charged, or convicted of a misdemeanor or felony, these records can severely affect your future. You may have severe financial penalties associated with a conviction. However, even an arrest record can affect your ability to rent or own a home, get a credit card, or get a new job. People can have problems arise in their families and relationships because of an arrest or criminal charge that may follow them for years.
Dealing with the financial and emotional burden after an arrest or conviction can feel overwhelming. However, you may have the opportunity to have
Continue Reading Can I Get a Felony Expunged?

If you’ve been charged with driving under the influence of alcohol, it might feel like an impossible charge to overcome. You may be thinking that you should simply plead guilty rather than wasting your time trying to fend off an inevitable conviction. But you’d be surprised to learn that there are actually many ways of beating a DUI case in Illinois.
DUI Defenses
As is the case with all criminal matters, you are presumed innocent in a DUI case until you have been proven guilty beyond a reasonable doubt in a court of law. If there have been any procedural
Continue Reading How to Beat a DUI in Illinois

When a person faces assault charges, they may not know what to do. They may wonder if they are going to jail. They may not understand what assault means. People hear “assault and battery” all the time and may think that the words are interchangeable. However, the two actions are legally different.
In its simplest terms, assault is when the victim fears imminent harmful contact, and battery is the actual physical contact. The Illinois Compiled Statutes explains that “[a] person commits an assault when, without lawful authority, he or she knowingly engages in conduct which places another in reasonable apprehension
Continue Reading How to Defend Against an Assault Charge

While one may face charges for the possession of drugs, the possession of drug paraphernalia is also a crime punishable by several different penalties. While many items may be considered drug paraphernalia, common examples include bongs, roach clips, and syringes. Because these items are often used in conjunction with illegal substances, being caught in possession of drug paraphernalia is considered a Class A misdemeanor in the state of Illinois, though these charges can be considered felonies, should you be caught distributing drug paraphernalia to a minor or pregnant woman.
There are many factors that can go into a conviction for
Continue Reading What Qualifies as Drug Paraphernalia?

As the weather gets colder and the seasons change, gatherings of friends and family members become all the more frequent. These times with our loved ones can be a good chance to engage in our favorite holiday traditions, some of which may include drinking alcohol. While these gatherings may be completely innocent, driving under the influence of alcohol can lead to tragic events. Unfortunately, hundreds of Americans are killed and injured each year in drunk driving accidents.
In order to protect your family and the motorists with whom you share the road, there are several important steps you can take
Continue Reading How to Avoid DUIs During the Holidays

Weed became legal in Illinois when the Cannabis Regulation and Tax Act was signed into law on June 25, 2019. The Cannabis Regulation and Tax Act made cannabis legal for adults 21 years or older beginning on January 1, 2020. However, the Cannabis Regulation and Tax Act did not completely legalize the possession and use of cannabis.
Possession Under Age 21
Cannabis possession by people under the age of 21 remains illegal. Possessing up to 10 grams is punishable by a minimum fine of $100 and a maximum fine of $200. Residents of Illinois that are 21 or older can
Continue Reading Cannabis Laws in Chicago and Across Illinois