Legal Question in DUI Law in Illinois

dui`

What does it mean when the Prosecution ''loses'' my file. I am fighting a dui and at the last hearing they didn't have my file. So does this mean I walk? I have a real strong case so should I ask for the charges to be dropped or what should I do? I don't trust my lawyer and I am seeking a second oppinon


Asked on 11/10/08, 8:44 pm

2 Answers from Attorneys

Motty Stone Law Offices of Motty Stone

Re: dui

If the prosecution has lost the evidence against you, you are a free man since they will not be able to convict you.

If the prosecution could not find your file in Court that day, then the Judge probably just continued your case until a different Court date. Your lawyer did not complain because he thought that it would not have done any good and he wanted to be courteous to improve your chances at compromising later on.

If you want a formal second opinion, feel free to call us and we can talk about your case.

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Answered on 11/11/08, 12:39 pm
Michael R. Nack Michael R. Nack, Attorney at Law

Re: dui`

You should discuss this question with your attorney. If you really do not trust your attorney you should fire your attorney and hire someone else. The prior response is correct in most respects, but I differ on a matter of ethics. I do not feel that it is ethical for me to talk about the substance of a person's case when that person is represented by another attorney unless that attorney consents to my consulting with his or her client.

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Answered on 11/11/08, 11:03 pm


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