Recent Case Dispositions

When your life, career and family are on the line. Results matter.

Here are just a few of our recent results:

People v. SK

SK was arrested for DUI after allegedly crashing his vehicle into a parked car. SK was given standard field sobriety tests and failed. SK was taken to the station and blew over the legal limit. Gruszeczki & Smith Law filed a Petition to Rescind Statutory Summary Suspension because the police failed to properly warn SK that his driver’s license would be suspended.  The State rescinded the summary suspension and SK’s driving privileges were reinstated.

People v. GP

GP was the subject of a long term investigation where he allegedly sold illegal narcotics to undercover police officers. Gruszeczki & Smith law vigorously cross-examined the police officer. The judge found there was no probable cause and dismissed 2 counts of Delivery of a Controlled Substance against GP.

People v. RD

RD was arrested for DUI. The Secretary of State suspended his driver’s license for 3 years. Gruszeczki & Smith Law reviewed the case and filed a Petition to Rescind the Statutory Summary Suspension. The state failed to put the hearing on within the required 30 days and RD’s suspension was rescinded. RD’s driving privileges are now restored.

People v. DM

DM was on probation for a drug charge. While on probation, DM picked up a new Possession of Cannabis case. DM was held no bail for violating his probation. Gruszeczki & Smith Law demanded trial on DM’s behalf and got the cannabis case and the violation of probation dismissed.

People v. JB

JB was arrested for DUI after failing the standard field sobriety tests and blowing over the legal limit. The secretary of state gave JB notice that it would suspend his license. Prior to the suspension going into effect, Gruszeczki & Smith Law filed a Petition to Rescind Statutory Summary Suspension.  The suspension was rescinded and JB’s driving privileges were restored.

People v. EM

EM was charged with failing to register as a sex offender. At the preliminary hearing, Gruszeczki & Smith Law showed that pursuant to Illinois Law EM was entitled to more time to register. The court found that there was no probable cause to arrest EM and the case was dismissed.

People v. KC

KC was arrested for DUI after crashing his car into another car in oncoming traffic. KC failed the standard field sobriety tests and blew over the legal limit. The secretary of state suspended KC’s license. Gruszeczki & Smith Law filed a Petition to Rescind Statutory Summary Suspension.  The suspension was rescinded and JB’s driving privileges were restored.

 People v. JI

JI’s driver’s license was suspended for failing to appear on a prior DUI and failing to pay several traffic tickets. Gruszeczki & Smith Law successfully resolved multiple issues with JI’s driver’s license with the Secretary of State. JI can now legally drive, as his driving privileges were restored.

People v. CH

CH was arrested for Domestic Battery and accused of physically abusing the Victim.  Gruszeczki & Smith Law went to trail for CH.  Gruszeczki & Smith Law was able to show that the state could not prove their case beyond a reasonable doubt and CH was found not guilty.

People v. KR

KR was arrested and charged with a DUI.  KR’s driver’s license was to be suspended by the Illinois Secretary of State for one year.  Gruszeczki & Smith Law filed a Petition to Rescind the Statutory Summary Suspension.  At hearing, Gruszeczki & Smith Law was able to show that the police did not have reasonable grounds to arrest KR for DUI.  KR’s driver’s license was never suspended.

People v. JW

JW was arrested for DUI after taking a breathalyzer test showing a BAC over .20, more than twice the legal limit. Gruszeczki & Smith Law filed a Petition to Rescind Statutory Summary Suspension and successfully challenged the results of the breath test. The court rescinded the suspension and JW’s driving privileges were restored.

People v. AR

AR was charged with Aggravated Discharge of a Firearm. The police entered AR’s home and recovered a gun and fired shell casings then arrested AR. After arresting AR, the police tested AR for gunshot residue. Gruszeczki & Smith Law filed a Motion to Quash Arrest and Suppress Evidence. The court ruled that the search of AR’s home was illegal and granted the motion. Case dismissed.

People v. TB

TB was arrested for battery and Possession of a Controlled Substance. Both cases dismissed.

People v. JP

JP was arrested for Possession of a Controlled Substance. Gruszeczki & Smith Law successfully cross examined the police officer at the preliminary hearing, showing the court that the police illegally stopped JP’s vehicle. Case dismissed.

People v. MT

MT was charged with driving on a suspended license. Case dismissed.

People v. DS

DS was arrested for DUI and his car was towed by CPD. DS had to pay over $2,000 to the auto pound to get his car back. Gruszeczki & Smith Law challenged the tow of his vehicle and over $2000 was refunded.

People v. KS

KS was charged with DUI. Gruszeczki & Smith Law filed a Petition to Rescind Statutory Summary Suspension. The court rescinded the suspension and KS’s driving privileges were restored.

People v. FH

FH was charged with Possession of a Controlled Substance. Case dismissed after preliminary hearing.

People v. OP

OP was charged with Possession of a Controlled Substance. Case dismissed after preliminary hearing.

People v. TL

TL was charged with Possession of a Controlled Substance. Case dismissed.

People v JB

JB was arrested for Impersonating a Police Officer. Gruszeczki & Smith Law advised JB to take the case to trial. At trial, Gruszeczki & Smith Law was able to establish that the victims knew the Defendant was not a police officer. After trial, the court found JB not guilty of all charges.

People v RL

RL was charged with Aggravated Speeding which is a Class B Misdemeanor. Gruszeczki & Smith Law was able to get the Misdemeanor charges dropped.

People v DD

DD was charged with Felony Driving on a Revoked License. Gruszeczki & Smith Law filed a Motion to Quash and Suppress Evidence. Gruszeczki & Smith Law was able to demonstrate that the police never had probable cause to stop DD’s car in the first place. The felony charges against DD were dropped.

People v JA

JA was charged with Retail Theft. Gruszeczki & Smith Law set the case for trial and were able to get the charges dismissed.

People v. YR

YR was charged with DUI after a traffic accident. Police officers collected a blood sample from YR after the crash. The blood sample showed that YR was under the influence of alcohol. Gruszeczki & Smith Law went to trial and YR was found not guilty.

People v WE

WE was arrested and charged with Felony Theft and Forgery after he allegedly cashed a fraudulent check. Gruszeczki & Smith Law was able to get the felony charges dismissed.

People v LV

LV was charged with misdemeanor Retail Theft. Gruszeczki & Smith Law was able to get the charges dismissed.

People v MB

MB was charged with Reckless Driving. Gruszeczki & Smith Law set the case for trial and were able to get the charges against MB dismissed.

If you or someone you love has been accused of a crime you need a professional criminal defense lawyer to represent you. Call Gruszeczki & Smith and speak directly to your attorney today. 312-253-7343

Disclaimer:  The facts and circumstances of your case may differ from the facts and circumstances of the cases we discuss here. Not all results are provided. The case results discussed here are not necessarily representative of the results obtained in all cases. Each case is different and must be evaluated and handled on its own merit.

TASC Probation and your Criminal Record

TASC Probation is a type of probation that is specifically tailored to people with an addiction to drugs or alcohol who have been charged with or convicted of a crime. One of the purposes of TASC Probation is to treat the addiction which may have led the person to commit a criminal offense in the first place.  While TASC Probation may be a suitable sentence for some people, not everyone qualifies for TASC Probation. Some of the disqualifications include: Read more »

Aggravated Speeding (625 ILCS 5/11-601.5) and Your Criminal Record

Now, more than ever before, Illinois drivers need to be wary of how fast they drive on the roadways. At certain speeds a traffic ticket is no longer a petty offense, but instead becomes a more serious misdemeanor. A driver who is traveling between 26 and 35 mph over the speed limit may face charges for a Class B misdemeanor punishable by up to 6 months in jail and a fine of $1,500 for each offense. A driver who is traveling 35 mph or more over the posted speed limit may face charges for a Class A misdemeanor which is punishable by up to 364 days in jail and a fine of $2,500 for each offense.

Currently, there are some situations where aggravated speeding is an offense that is not eligible for supervision whether it is charged as a Class A or Class B misdemeanor.
Read more »

Driving on a Suspended or Revoked License and Mandatory Jail Time

Illinois drivers who are currently driving a car while their driver’s license is suspended or revoked need to be mindful that in many circumstances they could be facing a mandatory jail sentence if they are arrested and convicted. Illinois law mandates that drivers who are convicted of a third violation of 625 ILCS 5/6-303 are facing 30 days in jail or 300 hours of community service unless the suspension or revocation is based on a DUI, accident involving death or personal injury, or a Statutory Summary Suspension. Read more »

What is Aggravated Speeding?

Aggravated speeding is driving 26 miles per hour or more over the posted speed limit. Aggravated Speeding is a misdemeanor offense. Aggravated Speeding can either be a Class A Misdemeanor or a Class B Misdemeanor. See 625 ILCS 5/11-501.

How do I know if my Aggravated Speeding ticket is a Class A or Class B Misdemeanor?

Speeding 26 to 34 miles per hour over the posted speed limit is a Class B Misdemeanor. Speeding 35 miles per hour or more over the posted speed limit is a Class A Misdemeanor. See 625 ILCS 5/11-501.

Can I receive Court supervision for Aggravated Speeding in Illinois?

Pursuant to a recent change in Illinois law which took effect on January 1, 2016, a person is now eligible for Court supervision under certain circumstances. First, that person must never have been convicted of or received Court supervision for aggravated speeding in the past. See 730 ILCS 5/5-6- 1. Second, a person cannot receive court supervision for aggravated speeding in a construction zone, school zone or in an “urban district”.

 What is an urban district for the purposes of Aggravated Speeding in Illinois?

An urban district is defined as the territory contiguous to and including any street which is built up with structures devoted to business, industry or dwelling houses situated at intervals of less than 100 feet for a distance of a quarter of a mile or more. See 625 ILCS 5/1-214.

If I am convicted of Aggravated Speeding in Illinois will I lose my driver’s license?

It is possible. A single conviction for Aggravated Speeding in Illinois generally will not result in the loss of your Illinois driving privileges. However, depending on your driving record it could result in the suspension of your driver’s license, points assigned to your driving record and thus, an increase in insurance rates, and it can result in a criminal record for a an Illinois driver.

 Can a misdemeanor Aggravated Speeding charge be reduced?

In some circumstances it may be possible to reduce a misdemeanor charge for Aggravated Speeding to a petty offense for speeding under 625 ILCS 5/11-601. The facts and circumstances of each individual case will dictate whether or not an amendment is possible. If you are faced with charges for Aggravated Speeding in Illinois it is important to hire experienced attorneys to represent you. An experienced and knowledgeable attorney will explore all possible outcomes before advising you to make a decision that will have a profound impact on your future. Call the experienced attorneys at Gruszeczki & Smith Law, LLP for a free consultation.

What is First Offender Probation in Illinois?

First Offender Probation is a type of probation that may result in the dismissal of the criminal charge if the term of probation is completed satisfactorily.  Once a case has been dismissed upon completion of probation it is possible to expunge the case from a person’s criminal record.  See 720 ILCS 550/10.

What will a person have to do to successfully complete First Offender Probation?

First Offender Probation is a 24 month term.  A person shall not violation any laws in any state, refrain from possession a firearm or dangerous weapon, submit to drug testing, and perform at least 30 hours of community service.  The court may also impose other conditions including reporting to social services, pay a fine, obtain employment, undergo psychiatric treatment, stay away from drugs, and various other conditions.  See 720 ILCS 550/10.

Am I eligible for First Offender Probation?

An accused person is eligible for First Offender Probation in a very limited number of circumstances.  First, the accused must never have been convicted or placed on probation or court supervision for any offense charged under the Illinois Cannabis Control Act (or a similar cannabis crime in another state) or any charge under the Illinois Controlled Substances Act.  Second, the accused must be charged with Possession of Cannabis under 720 ILCS 550/4 section (a), (b) or (c), Manufacture or Delivery of Cannabis under 720 ILCS 550/5 section (a), (b) or (c), or Unauthorized Production or Possession of Cannabis Sativa Plant under 720 ILCS 550/8.

Is Domestic Battery a Misdemeanor or a Felony?

Domestic Battery may be charged as a Misdemeanor or a Felony depending on the facts and circumstances of each individual case and the background of the accused.  There are many circumstances that may result in a Felony Domestic Battery charge.  Some of those circumstances are:

  1. If the accused has a prior conviction for violating an order of protection;
  2. If the accused has a prior conviction for murder, attempt murder, aggravated domestic battery, aggravated battery, stalking, criminal sexual assault, kidnapping, aggravated arson, aggravated discharge of a firearm and other crimes (see 720 ILCS 5/12-3.2(b) for a full list);
  3. If the accused has two or more convictions for domestic battery.

Can I receive supervision for a charge of Misdemeanor Domestic Battery in Illinois?

No.  Illinois law expressly forbids a judge from granting a term of supervision for a person who has been found guilty of domestic battery.  See 730 ILCS 5/5-6-1.  However, in some cases it is possible to amend the charge to Misdemeanor Battery under 720 ILCS 5/12-3.  If the charge is amended to Battery under 720 ILCS 5/12-3 a person may be eligible for a sentence of supervision.

If I am convicted of Misdemeanor Domestic Battery will I go to Jail?

Domestic Battery is a Class A Misdemeanor.  A Class A Misdemeanor is punishable by up to 364 days in jail.  Further, a person may be fined up to $2,500.  Alternatively, there are dispositions available that would allow a person to avoid serving time in jail including probation or conditional discharge.  See 730 ILCS 5/5-4.5-55 for a full explanation of possible sentences.  However, in some circumstances jail time may be mandatory per Illinois law.  If a person is convicted of Domestic Battery for a second or subsequent time, that person must serve 72 consecutive hours in jail.  See 720 ILCS 5/12-3.2(b).

Understanding the Chicago (Cook County) Bond Court Process

My loved one has been arrested in Chicago.  How do I know where their bond hearing will be?

When a loved one has been arrested in Chicago it can be a very confusing and stressful time.  It is important that you know what to expect and how to locate your loved one in order to be there for the bond hearing and to hire an experienced attorney to appear on behalf of your loved one.

The location of the bond hearing depends on where the accused was arrested, what they were arrested for, and even the day of the week that they were arrested.  The Cook County Circuit Court provides useful information on their website for locating your loved one here.  Finding the correct location of bond court is only the first step in working your way through this stressful process.  Once you have located which courthouse the bond hearing will take place at it is important to hire an experienced attorney to represent your loved one in court in order to give them the best chance of being released on bond.

What is bond court or a bond hearing?

A bond hearing or bond court is an opportunity for the prosecutor to inform a judge of the charges against a person.  The prosecutor can also present facts of the arrest to the judge and the judge must make a determination that probable cause exists to hold your loved one.  Further, the prosecutor will tell the judge about the criminal history (if any) of the accused.  The prosecutor may also request certain conditions of bond.  These conditions of bond may prevent your loved one from being near certain people or places, remaining on home confinement, or turning in a passport or FOID card.

An attorney for your loved one is then given an opportunity to tell the judge about the accused.  This information can include, employment history, school history, family history and other pertinent information.  The judge then sets a bond and may impose restrictions or conditions on the accused.  It is important to have an experienced attorney represent your loved one in court to ensure that he or she is released on bond and not held in the Cook County Jail for the duration of their case.

What type of bond can my loved one receive in bond court?

There are 4 main types of bonds that your loved one can receive.  They are:

1)      I-Bond – An I-Bond means that the person will be released on their own recognizance.  All the accused must do is sign their name.  This signature represents the accused’s promise to return to court and comply with any and all conditions of bond imposed by the judge.  The accused DOES NOT HAVE TO PAY ANY MONEY WHATSOEVER if given an I-Bond.  For example, if the Judge sets bond at $10,000 I-Bond, then the accused will be released from jail upon signing a bond slip.  The accused will not need to post any money in order to be released from jail.

2)      D-Bond – A D-Bond means that a person must pay 10% of the bond amount to the Cook County Sheriff to be held by the Cook County Clerk’s Office.  For example, if a person is given a $25,000 D-Bond that person must post $2,500 to be released from the Cook County Jail.  If the accused cannot post that amount of money then he will stay in the custody of the Cook County Jail for the duration of his case.

3)      Cash Bond – A cash bond means that a person must post the same amount of money that the judge ordered.  For example, if the judge sets bond at $10,000 cash then a person must post $10,000 in order to be released from jail.  Cash bonds are rare and are generally issued in high volume narcotic cases or cases of fraud or theft involving large sums of money.

4)      Electronic Monitoring – An electronic monitoring bond can be issued in conjunction with an I-Bond, D-Bond or Cash Bond.  Electronic monitoring means that the accused is going to be placed on an electronic ankle device and be confined to their home for the duration of the case.  In some cases, a person will receive an I-Bond with a condition of the bond be that he be placed on electronic home confinement.  Other times a person may be given a D-Bond with a condition that if the accused is able to post the required amount of money he must be placed on electronic home monitoring.  When a person is given electronic home monitoring he will receive a phone call from the Sheriff of Cook County to place them on the ankle device.  The phone number used will need to be available to the accused the entire time he is placed on electronic monitoring.

Underage Drinking/Consumption of Liquor by a Minor and Your Illinois Driver’s License

Illinois residents who are under the age of 21 and have been charged with possessing or consuming alcohol need to be mindful of the consequences that may accompany these charges. Pursuant to 235 ILCS 5/6-20 a person who is under 21 years of age who transfers, possesses or consumes alcohol faces a Class A misdemeanor. A Class A misdemeanor is punishable by up to 364 days in jail and a fine of $2,500 for each offense. Additionally, pursuant to Illinois Statute when a person is convicted of underage drinking the Illinois Secretary of State can suspend that person’s driver’s license even if the arrest or offense has nothing to do with a motor vehicle. When a person has been charged with Consumption of Liquor by a Minor it is important to remember that your criminal record and your Illinois driving record can be adversely affected.

If you or someone you know is charged with Underage Drinking it is important to hire experienced attorneys to protect not only your driving record, but also your criminal record. Contact Gruszeczki & Smith Law at 312-253-7343 for a free consultation today.

3 Moving Traffic Violations in 1 Year Can Lead to Suspension of Your IL Driver’s License

Pleading guilty to a traffic ticket or mailing in a guilty plea and payment on a traffic ticket can have serious negative consequences on your driver’s license. The Illinois Secretary of State has the power to suspend your driver’s license if you are found guilty or plea guilty to three moving violations inside of any 12- month period. These suspensions are mandatory.

Illinois Administrative Code 1040.30(b) sets out the general lengths of suspension by a point system. Read more »