Criminal Jury Instructions Online

At the end of a criminal jury trial, the judge will give the jury certain instructions that they must follow when determing whether the defendant is guilty or not guilty. Up until recently, the pattern jury instructions (the instructions that a judge will use unless the law is not correctly reflected in them), were not freely available on the Internet. As reported by Illinois Lawyer Now, they are now. Click here to access them.

When I begin a case (or need to think through the law applicable to a situation), I often head to the pattern  jury instructions. After all, as Stephen Covey  tells us, we need to begin with the end in mind. Since the jury will use these instructions at the end of the case – and the State must prove what is contained in the instructions –  our focus as defense attorneys and defendants must be on them too. If we are not considering the end at the beginning, we are less likely to reach a two-word (not guilty) verdict.

Jeremy Richey

Taking a Road Trip

Today, while reading a police report in a DUI case, I tried to decide if the traffic stop preceding the DUI arrest was lawful. After some brief legal research, I jumped in my truck and took off down the road. I wanted to see the exact stretch of road that the police officer wrote about. It is common for me to do this. I do this because sometimes there is a big pay off by going out and investigating the actual scenes where things take place. But, doing this takes time. Which leads me to the point of this post. If you are lawyer shopping and have one or more free consultations scheduled, consider asking the lawyers you meet how often they go out to incident scenes. The question might shed light on the type of representation you will receive.

Jeremy Richey

DUI on Private Property?

Can I be arrested for DUI if I am on my own land or other private property?

Yes. Illinois law allows for you to be arrested for DUI on private property, including your own. Specifically, 625 ILCS 5/11‑201 states as follows: “The provisions of Articles IV and V of this Chapter shall apply upon highways and elsewhere throughout the State (emphasis added).” Article V contains the DUI statute.  “[T]he words ‘elsewhere throughout the State’ encompass all areas of the State, public or private.”  People v. Guynn, 33 Ill. App. 3d 736, 739 (3d Dist. 1975).

Jeremy Richey

Illinois Zero Tolerance Penalties

What are the suspension periods for drivers under 21 who violate the zero-tolerance law?

1st failure of testing: 3 months

1st refusal: 6 months

2nd failure of testing: 1 year

2nd refusal: 2 years

Source: 625 ILCS 5/6-208.2

Jeremy Richey

Paying Fines in Coles County

Whenever possible, I recommend that defendants pay their fines and court costs by money order, cash, or check.  This is because substantial fees are charged for credit card payments.  But, it is better to pay via credit card rather than not pay at all.  If a person has no choice but to pay via credit card, the information to do that is below.  I scanned the following image from a handout I obtained from the Coles County Circuit Clerk’s Office.

Credit Card Fees: Coles County Case Payments

Jeremy Richey

UPDATE: Court fines can now be paid online via judici.com.

New Office Location

I moved my office to a new location with more space and privacy.  If you are looking for me, I can be found at the following address:

1505 18th Street, Suite #2
Charleston, IL 61920

This location is across the street from Pilson Auto Center, in the same building complex as Arrow Travel, and south of Napa Auto Parts.

Photo of Jeremy Richey's Office

Jeremy Richey

New MDDP Law

Due to Public Act 096-1526, a judicial order is no longer needed for first-time DUI offenders to receive a Monitoring Device Driving Permit (MDDP).   In order to receive an MDDP, eligible drivers with a statutory summary suspension will deal directly with the Illinois Secretary of State’s Office.

MDDP Order

Click here to visit the Illinois Secretary of State’s BAIID/MDDP website.  (Note: As of the writing of this post, this website has not yet been updated with information about the new law.)

Jeremy Richey

Being Excused from State Criminal Court

Defendants often want to be excused from attending court. This might be, for example, because they must drive for hours (or even days) to reach the courthouse or they don’t want to miss work or school. It is up to the judiciary whether a person can be excused from court and policies vary by county and judge.

Some judges and counties require defendants to appear for every single court date unless specifically excused from attending court by a judge. When this is the case, defendants should plan to be present for every court appearance and should not ask a judge to be excused from court unless there is a compelling reason to do so.

Some judges will defer to the prosecutor and defense counsel on this issue to a certain degree; if both lawyers agree that the defendant may be excused from court, then the defendant will not need to appear. There will be no such agreement when the parties know a given court appearance is one where the defendant must be present (such as for a plea agreement) or it is one where the judge always requires the defendant to be present.

The defense attorney has no power to excuse a person’s presence from court. Ultimately, it is always up to a judge. If a judge allows the parties to reach an agreement as to this, defense counsel still must get the prosecutor’s agreement on the matter. The only thing the defense attorney can do is ask for permission. If the judge or the prosecutor denies that permission, then the defendant must be present. If the defendant fails to appear, he will likely receive a warrant for his arrest and risk forfeiture of the bond posted in his case.

Jeremy Richey

2010 Stats In Review (Post Generated by WordPress.com)

The stats helper monkeys at WordPress.com mulled over how this blog did in 2010, and here’s a high level summary of its overall blog health:

Healthy blog!

The Blog-Health-o-Meter™ reads This blog is doing awesome!.

Crunchy numbers

Featured image

A helper monkey made this abstract painting, inspired by your stats.

The average container ship can carry about 4,500 containers. This blog was viewed about 20,000 times in 2010. If each view were a shipping container, your blog would have filled about 4 fully loaded ships.

In 2010, there were 24 new posts, growing the total archive of this blog to 146 posts. There were 3 pictures uploaded, taking up a total of 325kb.

The busiest day of the year was March 1st with 131 views. The most popular post that day was How to Understand Material on Judici — Part 1.

Where did they come from?

The top referring sites in 2010 were judici.com, jeremyrichey.com, Google Reader, blog.simplejustice.us, and google.com.

Some visitors came searching, mostly for judici, coles county courthouse, can a dui be expunged in illinois, beer can, and stack of money.

Attractions in 2010

These are the posts and pages that got the most views in 2010.

1


How to Understand Material on Judici — Part 1
May 2008

2


How to Understand Material on Judici — Part 2
May 2008

3


How to Understand Material on Judici — Part 4
May 2008

4


Online Case Info Q&A
March 2009

5


How to Understand Material on Judici — Part 3
May 2008

DUI Filings Down in Coles County

In 2010, from what I could gather from Judici.com, there were 337 DUI cases filed in Coles County.

How does this compare to previous years?

2009: 373

2008: 354

2007: 302

As for other nearby counties, perhaps we can convince Effingham’s Scott Ealy to resume blogging long enough to update us on Effingham and surrounding counties?

Jeremy Richey

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BROUGHT TO YOU BY:
Jeremy J. Richey, Attorney at Law
© Jeremy J. Richey and The East Central Illinois Criminal Law & DUI Weblog, 2008-2011. Unauthorized use and/or duplication of this material without express and written permission from this blog’s author and/or owner is strictly prohibited.

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