Legal Question in Criminal Law in Illinois

Probation

My son has been sitting in the Cook County Jail since 8/12/2009 for the offense of driving while suspended/revoked. It was upgraded to a felony. He wants to get out but I cannot come up with the 5000 dollars for his bond. This is his second time going to jail for the same thing. Is he eligible for Intense Probation or either house arrest, since he is a non-violent felon? He is only in jail for the one ticket and he was not driving but the police figured that since him and his friend were in his van and they ran the plates and it came back as my son being the owner, that my son was driving. He had the proper registration and insurance and was not driving. Please advise me of some of his rights. He should be at home by now, but he is still sitting in the County Jail.


Asked on 1/10/09, 11:11 pm

1 Answer from Attorneys
Zedrick Braden III Ainsworth & Associates PC

Re: Probation

Hello. This is a very serious matter. It sounds as if the State may be charging you son with the third offense of driving under the influence, which in Illinois is a felony. Your son definitely needs representation. He could sit there for another 1 1/2 years based upon the way Cook County Jail is operated. I am very familiar with 26th and California and it is easy to get lost in that system. A motion to quash his arrest and a motion to suppress evidence should be filed immediately on your son's behalf and a hearing date set on those motions. Time is of the essence in a situation such as this. Your son has a right to an attorney and has a right to remain silent at this time. Will be happy to discuss this matter further and in more detail.

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Answered on 1/11/09, 12:15 am


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