Crime & Traffic
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What is a misdemeanor?
A misdemeanor is a criminal offense. The worst sentence that you can get is:
- A maximum of 364 days in the county jail,
- Fines up to $2,500, or
- A combination of both.
A misdemeanor conviction can result in court supervision, usually with a fine. If you successfully finish court supervision, the offense will not show up as a conviction on your record.
Traffic-related misdemeanor offenses
Traffic-related misdemeanors include:
- Display of false insurance card,
- Unlawful use of license or permit,
- Fictitious or unlawfully altered driver's license or permit,
- Permitting a driver under the influence to operate a motor vehicle,
- Fleeing or attempting to flee from a police officer,
- Motor vehicle accidents involving damage to a vehicle,
- Duty to give information and render aid,
- Duty upon damaging an unattended vehicle or other property,
- False motor vehicle accident reports or notices (Class C Misdemeanor),
- Driving while under the influence (DUI) of alcohol, other drugs, intoxicating compounds, or any combination thereof. Generally, first and second offenses are Class A Misdemeanors. There can be aggravating factors what will make the offense a felony ,
- Reckless driving,
- Drag racing, or
- Driving 40 miles per hour or more over the speed limit.
Could I be sentenced to jail?
There is always a chance of being sentenced to jail, but most sentences don't result in jail. The court decides your sentence based on the facts and the type of charge, your driving record, and any criminal background.
In Cook County, sentences may require participation in the Sheriff ’s Work Alternative Program (SWAP) or community service. If you cannot pay a fine, the court may sentence you to SWAP instead.
In some cases, the judge looks at aggravating factors when deciding a sentence. "Aggravating factors" are facts that make your crime more serious and require the judge to sentence you to jail, SWAP, or community service. For example, if there was an accident or if a child was in the car. These sentencing requirements are listed in the state laws that apply to your case. Visit this ILAO guide for general information about parking tickets and traffic court.
Is driving under the influence of alcohol or drugs (DUI) a misdemeanor?
A DUI is usually a misdemeanor. But if there are aggravating factors in your case, you may be charged with a felony. Aggravating factors include:
- Being involved in a bad accident with serious injuries,
- Not having a valid driver’s license, or
- Not having car insurance.
Do I need a lawyer for a misdemeanor?
Yes. If you cannot afford a lawyer , tell the judge. The judge will have you fill out a form where you can list your property, income, and bills. The judge will look at the form, and if you qualify, they will appoint a lawyer from the public defender ’s office. Remember, you must meet the federal guidelines to get a public defender to represent you.
If you do not qualify for a public defender, then you should hire a lawyer to help you. You do not have to get a lawyer to go to court with you. But handling the case on your own may be very difficult, and the judge's decision can have very serious results. It is always best to hire a lawyer to represent you.
Can I erase a misdemeanor from my criminal record?
Erasing a criminal record is called an expungement . If you get a sentence of supervision, you may be able to expunge your record.
A misdemeanor driving under the influence (DUI) offense cannot be expunged, even if you satisfied supervision. Visit the Illinois courts website or click on this ILAO guide to learn more about expunging your record.
