A petition to revoke is a document filed by a prosecutor in a criminal case. When a person is on probation, conditional discharge or supervision he or she must abide by a set of conditions to avoid the full penalty allowed by law in a particular case. If the prosecutor has reason to believe the person has not followed the conditions, a petition to revoke is filed.
Petition To Revoke
Posted on: June 23rd, 2010Consent to search
Posted on: April 26th, 2010A recent case that Harter & Schottland won is a good example of how the notion of “apparent authority” controls the validity of a search. A similar case was reviewed by an Illinois appellate court.
Probation in Felony Cases
Posted on: April 2nd, 2010One of the most obvious and serious aspects of a felony charge is the possibility of a prison sentence. In some cases a person may be eligible for probation, conditional discharge or periodic imprisonment and avoid a prison sentence.
Court Supervision
Posted on: April 2nd, 2010What does court supervision actually mean?
Doubtlessly you have heard someone say supervision means an offense is “not on your record.” However, this is not an accurate statement. The true statement is actually that supervision means it’s not on your record as a conviction.
Retail Theft and Civil Liability
Posted on: March 8th, 2010From the archives of bad Illinois law let us introduce the Civil Liability provision of the Retail Theft Statute:
DUI and the HGN field sobriety test- Breaking News!
Posted on: March 3rd, 2010DUI Defense attorneys have fought the HGN test (the horizontal gaze nystagmus test) for years. The HGN test is a field sobriety test performed by police traditionally to determine if a driver is under the influence of alcohol. To administer the test police have the subject follow a finger or pen with the subject’s eyes while not moving his or her head. The person administering the test is looking for Nystagmus. Nystagmus is an involuntary, rapid, rhythmic movement of the eyeball. However, many have argued that the test is misleading and inaccurate, as nystagmus can have many causes and the test is most often administered incorrectly.
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