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FAQ

Criminal Defense: Frequently Asked Questions

Young Lawyer of the Year 2014 Serving Chicago Clients

If you or a loved one has been arrested, understandably you have questions. The best solution is to get in touch with an attorney as soon as possible. Our team at The Toney Law Firm, LLC is here to stand with you, to protect your rights, and to help you face the future with confidence and strength. Nothing is more important at this time than protecting yourself legally. Speak with our Chicago criminal defense lawyer at the earliest time possible for the best chance of a successful outcome.

Below are some of the questions our attorney most often receives. If you have a question that is not covered here, or if you are in need of legal representation following an arrest, please contact The Toney Law Firm, LLC as soon as possible for a free consultation at our Chicago firm.

  • DUI Defense

    • What Is the Ignition Interlock Device?

      The ignition interlock device (IID) is a breathalyzer-like device that is installed in your car's ignition. It requires you to blow into it before you can start the car. If your breath alcohol content (BAC) is above a certain limit, the car won't start.

    • When Are IIDs Required?

      Ignition Interlock Device (IID) requirements in Chicago can vary depending on the specific circumstances of your DUI case. However, here are some general guidelines:

      • First-time DUI: If it's your first DUI offense, the judge may or may not require an IID. This can depend on factors like your BAC level, whether there was an accident and any prior traffic violations.
      • Multiple DUI offenses: If you have multiple DUI convictions, an IID is more likely to be required as part of your sentence.
      • Refusal to take a breathalyzer test: If you refused to take a breathalyzer test, this can be considered a DUI offense, and an IID may be required.
      • Aggravated DUI: If your DUI involved aggravating factors, such as driving with a child in the car or causing an accident, an IID is more likely.
    • Can I Get a DUI on a Motorcycle in Chicago?
      Yes, you can absolutely get a DUI for driving under the influence of alcohol on a motorcycle in Chicago. The same laws and penalties apply to motorcycle operators as they do to drivers of cars.
    • What Is the Implied Consent Law in Illinois, and How Does It Affect My DUI Case?

      The Implied Consent Law in Illinois requires drivers to submit to a breathalyzer test or a blood test if a police officer has reasonable grounds to believe the driver is under the influence of alcohol or drugs. By driving on Illinois roads, you are considered to have given your implied consent to this test.

      How it affects your DUI case:

      • Refusal to take the test: If you refuse to take the test, your driver's license will be suspended for a period of time, and you may face additional penalties.
      • Evidence against you: The results of the breathalyzer or blood test can be used as evidence against you in your DUI case. A high BAC level can significantly strengthen the prosecution's case.
    • If I Am Convicted of DUI in Chicago, Can I Have My Driver’s License Reinstated?

      Yes, it is possible to have your driver's license reinstated after a DUI conviction in Chicago. However, the process can be complex and time-consuming.

      Here are some general steps involved:

      1. Serve your sentence: You must complete any jail time, fines, or other penalties imposed by the court.
      2. Complete any required programs: This may include DUI education courses, alcohol treatment programs, or the installation of an ignition interlock device (IID) in your vehicle.
      3. Wait for the mandatory suspension period: Illinois has a mandatory minimum suspension period for DUI convictions. You must wait out this period before you can apply for reinstatement.
      4. Submit an application for reinstatement: Once you have met all the requirements, you can submit an application to the Secretary of State's office.

      The specific requirements for reinstatement may vary depending on the circumstances of your case. Factors such as the severity of the DUI offense, your driving record, and any prior DUI convictions can influence the length of the suspension and the conditions for reinstatement.

  • Sexual Abuse

    • Are Sexual Abuse and Sexual Assault the Same in IL?

      No, sexual abuse and sexual assault are not the same in Illinois.

      While both involve unwanted sexual acts, there are key distinctions:

      • Sexual assault typically refers to acts that involve penetration, such as rape.
      • Sexual abuse can include acts that involve touching or fondling, even without penetration.
    • Can I Be Charged With Sexual Abuse if I Was Intoxicated at the Time in IL?

      Yes, you can still be charged with sexual abuse even if you were intoxicated at the time in Illinois. While intoxication may be considered a factor in sentencing, it does not automatically excuse you from criminal liability. Consent is crucial in any sexual encounter.

    • If I’m Accused of Sexual Abuse, Can I Be Arrested Immediately?

      Yes, you can be arrested immediately if you are accused of sexual abuse. Even if the charges are later dropped or you are found not guilty, an arrest can have serious consequences.

    • What Is the Bail Process Like for a Sexual Abuse Charge in Illinois?

      The bail process for sexual abuse charges in Illinois is complex and depends on factors like the severity of the crime, the defendant's criminal history, and the judge's discretion.

      • Initial Appearance: The defendant appears before a judge to hear the charges and determine bail.
      • Bail Bond: The defendant may need to pay bail or use a bail bondsman.
      • Preliminary Hearing: The judge may review bail based on evidence presented.
      • Arraignment: The defendant enters a plea and bail may be reviewed again.
      • Trial: If not guilty, the defendant remains on bail until the trial.
      • Sentencing: If convicted, bail is forfeited.
    • How Can I Protect My Reputation During a Sexual Abuse Trial?

      A sexual abuse trial can have a significant impact on your reputation. Here are some strategies to consider:

      • Legal Representation: Hire a skilled Chicago attorney specializing in sexual abuse cases.
      • Limit Public Statements: Avoid public comments and let your attorney handle media inquiries.
      • Control Online Presence: Review and adjust social media profiles, increase privacy settings.
      • Focus on Well-being: Seek support, consider therapy, and believe in the justice system.
    • What Is the Role of a Jury in an Chicago Sexual Abuse Case?
      In Illinois, a jury's primary role in a sexual abuse case is to decide whether the defendant is guilty or not guilty based on the evidence presented in court. Jurors must listen to testimony, evaluate evidence, apply the law, and reach a unanimous verdict.

  • Criminal Defense

    • What courthouses do you work in?
      We are based out of Cook County, in downtown Chicago. We cover all of the Chicago misdemeanor, felony and branch courthouses, including Daley Center. We also cover many other counties in Illinois including DuPage County, Kane County, Will County, Lake County and McHenry County. For more details on where we serve and details about each county, please visit here.
    • What do I do if police or investigators want to question me?
      If law enforcement agents, investigators or even prosecuting attorneys ask you questions, or request that you provide a statement about the circumstances of the alleged crime, it is extremely important that you only provide information with your attorney present. Even if you believe that what you have to say will declare your innocence, in many instances, information you give could wind up damaging your case. As the Miranda Rights and the Fifth Amendment state, you have the right to remain silent and you have the right to an attorney. A lawyer from our firm can protect your rights from the very moment of your arrest.
    • The police want me to sign a consent to search — should I do it?
      Absolutely not. Don't sign away your right against unlawful searches / seizures. Speak with an attorney as soon as possible to further protect yourself.
    • What is a misdemeanor / felony and what are the differences?
      A misdemeanor charge is a "lesser" charge, and is punishable by less than one year in jail. A felony charge is a greater charge and could result in a lengthier sentence with a minimum of one year in jail.
    • If I am innocent of the crime I am being charged with, do I still need representation?
      Yes. You will need to prove your innocence in a criminal legal matter, and legal representation can greatly increase your chances of properly conveying the true facts.
    • How soon should I hire a lawyer?
      The faster you get in touch with an attorney, the better your chances of a positive result. While you do have the right to represent yourself, you will be facing an experienced and knowledgeable prosecuting attorney representing the state or federal government. With your future on the line, it's foolish to take your representation lightly. You owe it to yourself and to your reputation to ensure that the strongest possible defense team is on your side.
    • Can I hire any lawyer for my criminal legal matter?
      No, there are several different areas of law and not all attorneys practice criminal defense. Those who do specialize in this area may not represent clients in both state and federal level courts. It is important to hire a legal representative that: Has extensive experience in a wide range of criminal legal situations, has extensive trial and litigation experience, can handle state and federal charges, has a proven ability to successfully defend clients in and out of the courtroom, stays up to date and educated on changes to statutes that can affect the rights of Chicago citizens.
    • What types of legal matters can a defense attorney help me with?
      An attorney from The Toney Law Firm, LLC is prepared to aggressively and effectively defend you in cases such as theft crimes, drug crimes, federal crimes, sex crimes, violent crimes, murder/manslaughter, juvenile crimes and burglary/robbery. Our firm is dedicated to protecting the legal rights and interests of clients and aiming to win every case that is possible to be won.
    • Can a criminal defense lawyer guarantee a favorable result?
      There is no way that a criminal defense lawyer can ever guarantee a client any type of result, as this would be unethical. With that said, however, our firm can ensure that dedication and vigorous representation will be provided to all clients in need of assistance for any type of criminal legal matter.
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