Archive for January, 2010

Can I Be Denied a Public Defender?

Yes — if a judge determines that you make too much money or that your assets are too great, the judge will deny your request for a public defender.   A man of sufficient means has a right to hire his own lawyer, however, a judge will not appoint a public defender to represent him.   A government-provided lawyer is only guaranteed for the indigent (poor).

Jeremy Richey

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A Handsome Fellow

I recently purchased a digital video camera for the purpose of making videos for my website and perhaps even this blog.   I placed my first attempt at making a video on the “about” page of my website.  If you are dying to know what the real me looks and sounds like, here is your chance.

Jeremy Richey

Defendant Not Permitted to Present Defense

Case NamePeople v. Faint (.pdf)

Court: Appellate Court of Illinois, Third District

Date Decision Filed: 12/18/09

In this case, the trial court found the defendant guilty of DUI, but failed to give the defendant an opportunity to present a defense or give a closing statement!  Unsurprisingly, the appellate court reversed the trial court’s finding of guilty and remanded the case for a new trial.  It seems that the “DUI exception” to the Constitution does have its limits.

Jeremy Richey

DWLS Not Included in Aggravated DUI

Case NamePeople v. Eastin (.pdf)

Court: Appellate Court of Illinois, Fourth District

Date Decision Filed: 12/23/09

In this case, the appellate court discussed whether driving with a suspended license is a lesser-included offense of aggravated DUI when the reason for elevation of the DUI to aggravated DUI is that the DUI occurred while the defendant had a suspended license.  The appellate court held that it is not a lesser-included offense.  The crime is DUI; the aggravating factor (suspended license) is a sentencing matter and not an element of the crime.

Jeremy Richey

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.