Criminal charges often involve serious consequences, such as jail sentences, and/or fines, loss of driving privileges, probation, and deportation if you are not a United States citizen. However, the law recognizes certain defenses which may result in your charges being dismissed. Other alternatives may allow your case to be plea bargained, so that the penalties can be reduced. There may also be diversionary programs available which allow charges to be dismissed if you are a first time offender.

Mr. Baker served as a Cook County prosecutor for eight years. By negotiating with the State's Attorney's Office when appropriate, we help our clients avoid time-consuming and costly litigation. However, if we deem a more aggressive approach is in our client's best interest, we have a track record of successfully defending clients charged with crimes in courtrooms throughout Illinois: Rolling Meadows courthouse, Skokie Court at Old Orchard, Traffic court-Daley Center, Bridgeview, Maywood, Markham, Dupage (Wheaton), Lake (Waukegan) and McHenry counties. Illinois Criminal Court listings.

We practice in the following areas of law:

• Homicide – 1st degree murder, felony murder, capital murder, intentional homicide of an unborn child, 2nd degree murder, voluntary manslaughter of an unborn child, manslaughter, involuntary manslaughter, drug induced homicide, reckless homicide and attempted murder.
• Sex Offenses – criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, criminal sexual abuse, aggravated criminal sexual abuse, rape, statutory rape, sexual exploitation of a child, failure to register as a sex offender, public indecency, prostitution, soliciting for a prostitute, soliciting for a juvenile prostitute, pandering, keeping a place of prostitution, keeping a place of juvenile prostitution, patronizing a prostitute, patronizing a juvenile prostitute, pimping, juvenile pimping, obscenity, and child pornography.
• Drunk Driving (DUI/DWI)/Traffic Violations – driving under the influence of alcohol or drugs (DUI), driving under the influence of intoxicating compounds (DWI), petitions to rescind statutory summary suspensions (suspensions resulting from DUI/DWI arrests), driving while driver’s license is suspended or revoked, fleeing or attempting to elude police officer, aggravated fleeing or attempt to elude a police officer, leaving the scene of a property or personal injury accident, drag racing, aggravated speeding (driving 40 miles per hour or more in excess of the speed limit), reckless driving, aggravated reckless driving, speeding, speeding in a school zone, speeding in a construction zone, failure to stop at a stop sign, failure to obey a traffic control device, open alcohol in automobile, passing a school bus while stop sign is out, and all other traffic violations.
• Drug Crimes – possession of a controlled substance such as cocaine, heroin, ecstasy, GHB, and all other scheduled substances, possession of a controlled substance with intent to deliver, delivery of a controlled substance, delivery of a controlled substance within 1000 feet of a school or church, possession of cannabis, possession of cannabis with the intent to deliver, delivery of cannabis, possession of drug paraphernalia, drug manufacturing, drug cultivation, drug trafficking, and drug conspiracy.
• Weapon Offenses – unlawful use of weapons (UUW), unlawful use or possession of weapons by felons or persons in the custody of the department of corrections, aggravated discharge of a firearm, reckless discharge of a firearm, aggravated unlawful use of a weapon, unlawful sale of firearms, unlawful possession of firearms and firearm ammunition, unlawful purchase of a firearm, gunrunning, and defacing identification marks of firearms.
• Theft – theft, retail theft, deceptive practices, forgery, unlawful use of a credit card, financial identity theft, aggravated financial identity theft, possession of stolen property, financial exploitation of an elderly person or a person with a disability, robbery, armed robbery, burglary, residential burglary, possession of a stolen motor vehicle (PSMV), vehicular hijacking, aggravated vehicular hijacking, possession of burglary tools, and unlawful use of sound recordings.
• Other Felonies and Misdemeanors – assault, aggravated assault, battery, aggravated battery, aggravated battery with a firearm, aggravated battery of a child, domestic battery, violation of an order of protection (VOOP), reckless conduct, disorderly conduct, kidnapping, aggravated kidnapping, unlawful restraint, aggravated unlawful restraint, child abduction, unlawful visitation interference, hate crime, stalking, aggravated stalking, home invasion, criminal trespass to property, criminal trespass to state supported land, criminal damage to property, criminal damage to government supported property, arson, aggravated arson, escape, and perjury.
• Federal Offenses – all charges pending in U.S. Federal Courts.
• White Collar Crimes – bribery, fraud, extortion, identity theft, counterfeiting, kickbacks, RICO crimes, racketeering, embezzlement, larceny, perjury, money laundering, wiretapping, and tax fraud.
• Expungements
• Petitions to Revoke Supervision, Conditional Discharge, and Probation
• Personal Injury and Worker's Compensation – work injuries, automobile accidents, wrongful death, medical malpractice, defective products, slip and fall injuries, products liability injuries, and dog bite injuries.
• Secretary of State Driver's License Revocation Hearings – hearings for full reinstatement of driver's licenses and restricted driver's permits, formal hearings, and informal hearings.
• Criminal Appeals – post-conviction relief, appeals, and appellate law.

Class A Misdemeanors: Sentencing can include up to 364 days in jail.

* Aggravated Assault – 720 ILCS 5/12-2
* Battery – 720 ILCS 5/12-3
* Domestic Battery – 720 ILCS 5/12-3.2
* Criminal Damage To Property – 720 ILCS 5/21-1
* Criminal Defacement to Property – 720 ILCS 5/21-1.3
* Criminal Sexual Abuse – 720 ILCS 5/12-15
* Criminal Trespass to Residence – 720 ILCS 5/19-4
* Criminal Trespass to Vehicles – 720 ILCS 5/21-2
* Deceptive Practices – 720 ILCS 5/17-1
* Endangering the Life or Health of a Child – 720 ILCS 5/12-21.6
* Interfering With the Reporting of Domestic Violence – 720 ILCS 5/12-6.3
* Obscenity – 720 ILCS 5/11-20
* Patronizing a Prostitute – 720 ILCS 5/11-18
* Possession of Cannabis (more than 10 grams but not more than 30 grams) – 720 ILCS 550/4
* Possession of Drug Paraphernalia – 720 ILCS 600/3
* Possession of Hypodermic Needles – 720 ILCS 635/4
* Prostitution – 720 ILCS 5/11-14
* Public Indecency – 720 ILCS 5/11-9
* Reckless Conduct – 720 ILCS 5/12-5
* Resisting or Obstructing a Police Officer – 720 ILCS 5/31-1
* Retail Theft – 720 ILCS 5/16A-3
* Solicitation for a Prostitute – 720 ILCS 5/11-15
* Theft – 720 ILCS 5/16-1, 720 ILCS 5/16-3
* Violation of an Order of Protection (VOOP) – 720 ILCS 5/12-30

Class B Misdemeanors: Sentencing can include up to 6 months in jail.

* Criminal Trespass to Property – 720 ILCS 5/21-3
* Harassment by Telephone – 720 ILCS 135-1-1
* Possession of Cannabis (more than 2.5 grams but not more than 10 grams) – 720 ILCS 550/4

Class C Misdemeanors: Sentencing can include up to 30 days in jail.

* Assault – 720 ILCS 5/12-1
* Disorderly Conduct – 720 ILCS 5/26-1
* Possession of Cannabis (mot more than 2.5 grams) – 720 ILCS 550/4

We provide aggresssive and experienced criminal defense for individuals who have been arrested and accused of all types felonies, including but not limited to the following:

* 1st Degree Murder
* Aggravated Arson
* Aggravated Battery
* Aggravated Criminal Sexual Abuse
* Aggravated Criminal Sexual Assault
* Aggravated Discharge of a Firearm
* Aggravated Financial Identity Theft
* Aggravated Kidnapping
* Aggravated Stalking
* Aggravated Unlawful Restraint
* Aggravated Unlawful Use of a Weapon
* Aggravated Vehicular Hijacking
* All Felony Probation Violations
* All Felony Traffic Violations
* Armed Robbery
* Arson
* Attempted Murder
* Burglary
* Child Abduction
* Child Pornography
* Criminal Sexual Abuse
* Criminal Sexual Assault
* Defacing Identification Marks of Firearms
* Delivery of Cannabis
* Delivery of a Controlled Substance
* Delivery of a Controlled Substance within 1000 Feet of a School or Church
* Drug Conspiracy
* Drug Trafficking
* Escape
* Failure to Register as a Sex Offender
* Felony Deceptive Practices
* Felony DUI/DWI Offenses
* Felony Murder
* Felony Theft
* Financial Identity Theft
* Forgery
* Hate Crime
* Home Invasion
* Involuntary Manslaughter
* Kidnapping
* Perjury
* Possession of Burglary Tools
* Possession of a Controlled Substance (PCS)
* Possession of a Controlled Substance with the Intent to Deliver
* Possession of Cannabis (Over 30 Grams)
* Possession of Cannabis with the Intent to Deliver
* Possession of a Stolen Motor Vehicle (PSMV)
* Possession of Stolen Property
* Predatory Criminal Sexual Assault of a Child
* Reckless Discharge of a Firearm
* Reckless Homicide
* Residential Burglary
* Robbery
* Sexual Exploitation of a Child
* Stalking
* Unlawful Possession of Firearms and Firearm Ammunition
* Unlawful Purchase of a Firearm
* Unlawful Restraint
* Unlawful Use of Weapons (UUW)
* Unlawful Use of Weapons by Felons or Persons in Custody of the Department of Corrections
* Vehicular Hijacking

EXPUNGEMENT: When a record is expunged, it is physically destroyed by each law enforcement agency, as if it never existed.

SEALED: When an Illinois State Police record is sealed, it is no longer available to your employer or other members of the public, but can still be seen by law enforcement agencies. When a clerk’s office record is sealed it is no longer available to employers or other members of the public, but can be viewed by members of the public if a judge specifically orders that they can see it.

CASES THAT CAN BE EXPUNGED:

1. Cases in which you were acquitted, released without conviction (including cases in which you were not charged), there was a not guilty finding or no probable cause finding, or nolle prosequi –Petitions to expunge may be filed immediately. If, however, your case was stricken off the call with leave to reinstate (“SOL”) or a non-suit, Petitions to expunge can only be granted 120 days (if demand for trial) or 160 days (if no demand for trial) after the case was SOL, and only if the prosecutor did not reinstate your case during this time period.

2. Cases, other than those listed in section 3, below, in which an Order of supervision was entered and two (2) years have passed since discharge and dismissal of supervision.

3. Cases in which an Order of supervision was entered and five (5) years have passed since termination of supervision for the following charges:

Retail Theft – 720 ILCS 5/16 A-3
Reckless Driving – 625 ILCS 5/11-503
Display of False Insurance – 625 ILCS 5/3-710
Suspended Registration for Non-Insurance - 625 ILCS 5/3-708
Uninsured Motor Vehicle – 625 ILCS 5/3-707

4. Cases in which an Order was entered terminating probation and at least five (5) years have passed since the order of termination was entered, under the following statutes:

Controlled Substance Act (410 Probation) – 720 ILCS 570/410
Cannabis Control Act (First Offender Only) – 720 ILCS 550/10

CASES THAT CANNOT BE EXPUNGED

Convictions, including:

1. A guilty plea, guilty finding, or guilty verdict resulting in a sentence other than probation under the Cannabis or Controlled Substances Acts.

2. Probation (except if you received 410 probation under the Controlled Substance Act or under the Cannabis Act)

3. Cases where the defendant was granted supervision for or was convicted of a sexual offense committed against a minor under 18 years of age (20 ILCS 2630/5(g))

4. Conditional Discharge

5. Time Considered Served

6. DUI/DWI Supervision

Once your record has been expunged, it “may not be considered by any private or public entity in employment matters, certification, licensing, revocation or certification or licensure, or registration,” (20 ILCS 2630/12) Employers are not allowed to ask you if you have had records expunged, and you are not required to disclose this information on employment applications. (20 ILCS 2630/12)

CASES THAT CAN BE SEALED

1. You are an adult or minor prosecuted as an adult for a misdemeanor, or municipal ordinance violation in which you were acquitted; released without being convicted (including cases where you were not charged), your conviction was reversed; or you received a sentence of supervision for a misdemeanor AND you have not been convicted of a felony or misdemeanor or placed on supervision for a misdemeanor for three (3) years after being acquitted, or released, or your conviction being reversed, or having completed the terms and conditions of your supervision.

2. You are an adult or minor prosecuted as and adult for a qualifying Class 4 Felony or misdemeanor which resulted in a conviction AND you have not been convicted of a felony or misdemeanor or placed on supervision for a misdemeanor for four (4) years after completing your sentence.

Once your record has been sealed, it “may not be considered by any private or public entity in employment matters, certification, licensing, revocation or certification or licensure, or registration,” (20 ILCS 2630/12) Employers are not allowed to ask you if you have had records expunged, and you are not required to disclose this information on employment applications. (20 ILCS 2630/12)

TO EXPUNGE OR SEAL YOUR RECORD, CONTACT PERRY & BAKER AT (312) 836-9040.