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Misdemeanor Defense

Misdemeanor Defense in DuPage County

“It’s only a misdemeanor. Do I really need a lawyer?” People usually ask me that a day or two after a first arrest, while they’re still hoping the whole thing can stay small. Sometimes it can. But a misdemeanor is still a criminal case, and how it ends decides what a landlord or employer sees when they run your name years from now.

I prosecuted misdemeanor and DUI court calls for the DuPage County State’s Attorney’s Office before I moved to felonies. I know how these files come together on the State’s side, and I prepare a misdemeanor the same way I prepare any other case. From the first meeting, I’m also thinking about the end of the case: what your record will look like, and whether it can be sealed or expunged later.

Why a Misdemeanor Still Matters

Illinois sorts misdemeanors into three classes. The class sets the most a judge can impose.

ClassMaximum jailMaximum fine
Class ALess than one year (up to 364 days)$2,500
Class B6 months$1,500
Class C30 days$1,500

Most of the charges on this page are Class A. Class B and C offenses carry lighter sentences, but they still create a criminal record.1, 2, 3

For many people facing a first offense, the bigger worry is the record. A misdemeanor conviction stays on your record unless a court later seals it, and it can come up on background checks for jobs, apartments and professional licenses. Some charges carry consequences of their own, like losing the right to own a gun or a longer license suspension. Those details shape which outcome is worth working toward.

Domestic Battery and Orders of Protection

Domestic battery is a Class A misdemeanor for a first offense. A prior conviction for domestic battery or for violating an order of protection can make a new charge a felony. The first days of the case come with rules of their own. When you’re released, the judge can order you to turn in your firearms and your FOID card while the case is open.4, 5

The court can also enter an order of protection as part of the criminal case. That order can require you to stay away from the person who made the complaint, and it can bar you from your own home, even one you own or rent. Violating it is a separate crime, even if the person protected by the order invited you back. Until a judge changes the order, follow it exactly.6, 7, 8

Three rules make domestic battery different from other misdemeanors:

  1. Court supervision isn’t available for it in Illinois.9
  2. DuPage County’s Pre-Trial Diversion Program excludes domestic offenses.10
  3. A conviction triggers a federal ban on possessing firearms.11

Because the usual paths for a first offense are closed, I start with the evidence. I request the 911 recording and any body camera video, and I compare what was said at the scene with what’s in the report. I also look at injuries, photographs and any witnesses who were there.

Retail Theft

Retail theft is a Class A misdemeanor when the merchandise is worth $300 or less. Above $300, it’s a felony. A prior theft conviction can also turn a small case into a felony, even if the item was inexpensive.12 Because the dollar amount decides the charge, I check how the store calculated it, whether every item was counted correctly, and what the store’s video actually shows.

You may also get a letter from a law firm working for the store after a retail theft arrest, asking for money. That’s a civil demand, separate from the criminal case. Illinois lets a merchant seek the value of the merchandise plus $100 to $1,000 and fees, and the store doesn’t need a conviction to do it.13 Bring the letter to our first meeting so we can talk about it alongside the charge.

Driving on a Suspended or Revoked License

Driving while your license is suspended or revoked is a Class A misdemeanor. A conviction also adds time: the Secretary of State extends the suspension by the same length as the original one. If the suspension came from a DUI and you’ve had a suspended license case in the past 10 years, supervision isn’t available. A second offense can become a felony when both suspensions were tied to a DUI.14, 9, 14

The first thing I check is your driving record: why the license was suspended, when the suspension started and ended, and whether you were properly notified. If the suspension started with a DUI arrest, the summary suspension rules matter too. Reckless driving and other traffic charges can carry license consequences too, so I look at the whole record before we talk about any plea.

Supervision or Conviction?

Court supervision is often the goal in a first misdemeanor case. The judge defers the case and sets terms, such as classes, community service or simply staying out of trouble. When you finish them, the charge is dismissed, and Illinois doesn’t treat it as a conviction.15

QuestionSupervisionConviction
How the case endsCharge dismissed after you complete the termsFinding of guilt and a sentence
Illinois recordNo convictionConviction
ExpungementUsually after a 2-year waitNot available, though most misdemeanors can be sealed
Federal immigration lawCounts as a convictionCounts as a conviction

For federal immigration purposes, supervision counts as a conviction.16 If you’re not a U.S. citizen, tell me at the start, so we can weigh every option with that in mind before anyone signs a plea.

Expungement and Sealing

Expungement means the records are destroyed or returned to you and your name is removed from the public index. Sealing keeps the records but makes them unavailable without a court order, with some exceptions set by law. Either one starts with a petition filed in the county where the case was charged.17

How the case endedWhat’s availableWhen
Dismissal, acquittal or release without chargesExpungementRight away
Supervision, completedExpungement2 years after it ends for most offenses
Misdemeanor convictionSealing2 years after the sentence ends

Some records can’t be cleared. DUI supervision can’t be expunged or sealed. A domestic battery conviction can’t be sealed. Minor traffic offenses, like most speeding tickets, stay on the record.17 If you complete a diversion program, the petition can be filed shortly before the case is dismissed, so the two steps happen close together.

I plan for this from the first meeting, because the way a case ends decides which of these doors stays open. When the waiting period is over, the petition to expunge or seal your record goes to the Circuit Court Clerk in DuPage County.

What to Bring When We Meet

Bring whatever paperwork you have: the ticket or complaint, your release papers, any order of protection and any letter from a store. If you have a court date coming up, it helps to read about your first court date at the DuPage County Judicial Center in Wheaton. We’ll start with the date on your paperwork and work forward from there.

Reviews

What People Wrote About Pat

I was in need of some serious legal assistance recently. It really was not looking good for me. Pat Weiland is the best. He personally advocated for me to the state and I got my best possible outcome. I honestly can say Pat is a friend now. He turned a terrible situation around completely.

RossCriminal defense, review on Google

Pat Weiland is probably one of the nicest most knowledgeable and helpful Lawyers servicing DuPage county…. I have had my fair share of run in with Law Enforcement and just got my case resolved. Thank you sir!

Kevin K.Criminal defense, review on Google

Pat helped my brother, and now he’s helped me with my case at a reasonable price. I highly recommend him.

ZosiaCriminal defense, review on Google

Reviews That Describe Case Results

These reviews describe individual clients' own cases. Every case is decided on its own facts, and prior results do not guarantee a similar outcome.

I couldn’t be more grateful to Pat for helping me through my DUI case. From the very beginning, he was honest, responsive, and genuinely cared about the outcome. He walked me through every step, answered all my questions, and got my case dismissed! … I highly recommend him.

Daniel M.DUI, review on Google

Una firma de abogados sería, honesta,profesional, me sentí muy seguro de que me ayudarían en mi caso de DUI, en el cual lucharon por mi inocencia y el resultado fue excelente. No salí culpable veredicto final del Juez, NOT GUILTY, (no culpable) gracias Dolci/Weiland.

Our English translation: A serious, honest, professional law firm. I felt very confident that they would help me with my DUI case, in which they fought for my innocence, and the result was excellent. I was not found guilty. The judge's final verdict: NOT GUILTY. Thank you, Dolci/Weiland.

César L.DUI, review on Google

My DUI caused me tremendous worry and anxiety. Finding the right lawyer was stressful. I was lucky to select Dolci & Weiland as my law firm. Mr. Weiland made me feel extremely comfortable with his knowledge of the DUI process and what I could expect in court. … Within just a few court dates, I was thrilled when he told me that my case had been dismissed. I would 100% recommend Dolci & Weiland for your DuPage DUI case.

AnonymousDUI, review on Avvo

I hired Patrick and Dominick in September 2013 after a second DUI charge. I thought my life was over, Dupage county and Lombard didn’t really have their stuff together and they found holes in the arrest in the night in question. After a year in a half of continuances Patrick and Dominick got the case dismissed. But Dupage decided to re-file and charge with the 6 charges again. This took another 6 months almost 2 years of dealing with this. July 17, 2015 the bench trial finally comes I get my date in court again. Dominick just torn apart the arresting officer and made her, the Lombard police department, and DuPage look dumb is putting it nicely. On the grounds of independent recall a term used to dismiss my case and no conviction and no re-filing or recharging me ever. Walked out with tears of happiness and joy. Thank you Patrick and Dominick anybody that has a DUI hire this two it was money well spent.

KyleSecond DUI, review on Avvo
4.8 on Google, 67 reviews for Dolci Weiland & Sendlak

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Sources and Notes

  1. Sentencing range for a Class A misdemeanor. 730 ILCS 5/5-4.5-55↩
  2. Sentencing range for a Class B misdemeanor. 730 ILCS 5/5-4.5-60↩
  3. Sentencing range for a Class C misdemeanor. 730 ILCS 5/5-4.5-65↩
  4. Domestic battery as a Class A misdemeanor, and when a prior record makes it a felony. 720 ILCS 5/12-3.2↩
  5. Surrender of firearms and the FOID card as a condition of pretrial release in a domestic battery case. 725 ILCS 5/110-10(a)(5)↩
  6. Orders of protection entered as part of a criminal prosecution. 725 ILCS 5/112A-2.5↩
  7. Order of protection remedies, including exclusive possession of a residence and stay away orders. 750 ILCS 60/214(b)↩
  8. Violation of an order of protection as a separate Class A misdemeanor. 720 ILCS 5/12-3.4(d)↩
  9. Offenses for which court supervision is not available, including domestic battery and some repeat suspended license charges. 730 ILCS 5/5-6-1(c), (j)↩
  10. DuPage County State's Attorney's Pre-Trial Diversion Program, its felony focus and its eligibility exclusions. DuPage County State's Attorney, Pre-Trial Diversion Program brochure↩
  11. Federal ban on possessing firearms after a conviction for a misdemeanor crime of domestic violence. 18 U.S.C. 922(g)(9)↩
  12. Retail theft classes by value and prior record. 720 ILCS 5/16-25(f)↩
  13. A merchant's civil claim for retail theft, which does not require a conviction. 720 ILCS 5/16-27↩
  14. Driving while suspended or revoked: offense class, suspension extensions and felony repeat offenses. 625 ILCS 5/6-303↩
  15. Dismissal of the charge after supervision is completed, without an adjudication of guilt. 730 ILCS 5/5-6-3.1(e), (f)↩
  16. The federal definition of a conviction for immigration purposes. 8 U.S.C. 1101(a)(48)(A)↩
  17. Expungement and sealing: definitions, eligibility, waiting periods and exclusions. 20 ILCS 2630/5.2↩