Archive for July, 2012

Confidentiality of Consultations

During initial (usually free for most cases) consultations, some potential clients will ask if consultations are confidential.  The short answer is “yes.”  Even though these people have not become clients yet, their statements are not disclosed to anyone outside the office without permission from the potential clients.

Rule 1.18 of the Illinois Rules of Professional Conduct states:

(a) A person who discusses with a lawyer the possibility of forming a client-lawyer relationship with respect to a matter is a prospective client.

(b) Even when no client-lawyer relationship ensues, a lawyer who has had discussions with a prospective client shall not use or reveal information learned in the consultation, except as Rule 1.9 would permit with respect to information of a former client.

Jeremy Richey

On Being Treated Unfairly

Some potential and current clients I talk to feel the police and the state’s attorney’s office are treating them unfairly.  This is frequently not the case.  If a guilty person wrongly feels the State is treating him unfairly, in my experience, the case usually fits in one of the following categories:

  1. The Routine. Sometimes the questioning defendant is simply being treated exactly the same as thousands of defendants before him.  He may not understand this because the sentence seems harsh now that it is being applied to him, he may have heard stories (either false or involving different circumstances) of the State treating others better,  or he simply does not realize that this is how things work in cases like his.  Regardless of the reason,  the defendant is not being treated particularly worse than anyone else.
  2. On the Radar.  Trouble begets trouble.  Sometimes a particular person gets on the radar of police or prosecutors.  As a general rule, the more criminal history the person has, the harsher the sentence he will receive.   The key here is to simply quit violating the law; a judge or prosecutor will not be sympathetic to the suggestion that a person’s misdeeds should be ignored since the State is watching the person closely.
  3. But, You Did That. Not all crimes are equal.  A person possessing a Class C misdemeanor amount of marijuana will get a slap on the wrist (in the grand spectrum of things); a person trafficking pounds of pot will not be treated so lightly.  Child molesters are universally reviled.  It is always a terrible idea to stick a gun in a person’s face.   Serious consequences follow the commission of serious crimes and being a first offender probably won’t count for too much.

Now, of course, there are some cases where the State does, in fact, treat the defendants unfairly.  It does happen.  The most obvious example of this is where an innocent person is charged with a crime.  But, often times a defendant’s feelings about being treated unfairly are just wrong.

Jeremy Richey

OUI vs. DUI: More Differences

In a previous post on watercraft OUI vs. motor vehicle DUI, I discussed some differences between the two offenses.  Here are a few more differences:

  • Second OUI Is a Felony, but Second DUI Is a Misdemeanor.   A person’s third DUI in a motor vehicle may be charged as a Class 2 felony.   OUIs differ from the DUIs in this regard in that a person’s second OUI may be charged as a felony if the person’s first OUI resulted in a conviction (no supervision).  625 ILCS 45/5-16(A)(4)(a).
  • Different Field Sobriety Tests.   The field sobriety tests that work for motor vehicle DUI investigations don’t work well in the aquatic environment (except for the HGN test a/k/a the eye test).  As such, different tests are typically administered.  In a DUI case, the three typical tests are the HGN test, the Walk-and-Turn test, and the One-Leg Stand test.  In an OUI case, the three typical tests are the HGN test, the Alphabet test, and the Hand Pat test.
  • Conservation Police.  With OUIs, you are probably being investigated by a conservation police officer.  While experiences may differ elsewhere in the state, every OUI I have handled has been investigated by the Illinois Conservation Police.

Jeremy Richey


BROUGHT TO YOU BY:
Jeremy J. Richey, Attorney at Law
© Jeremy J. Richey and The East Central Illinois Criminal Law & DUI Weblog, 2008-2012. 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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