Chicago DUI Lawyer Blog

“Second chance probation” is a sentence in Illinois that allows certain offenders to clear a conviction from their record after serving at least two-years of probation (730 ILCS 5/5-6-3.4). This law, which became effective January 1, 2014, allows the court to sentence the defendant to probation without entering a judgement. Those who have previously been convicted (i.e. probation or conditional discharge) of any felony offense are not eligible for this sentence. In addition, this sentence is not available for violent offenders or defendants who have previously plead guilty or who have been found guilty of a violent offense. Second Chance Probation may be offered to defendants charged with certain probationable felony offenses such as possession of a controlled substance, possession of cannabis, theft, retail theft, and criminal damage to property.

When a defendant is sentenced to Second Chance Probation, the court will order a minimum period of 24-months probation and defer any further proceedings. Defendants sentenced to Second Chance Probation, in addition to other conditions, may not violate any criminal statute, may not possess a firearm, must make restitution if required, must obtain or attempt to obtain employment, must pay fines and costs, must attend educational courses, must submit to periodic drug testing, and must perform a minimum of 30 hours of community service.

If successful, the court will discharge the defendant and dismiss the proceedings. The defendant may be eligible for expungement of the arrest after 5 years.

Kim Foxx will be the democratic candidate for Cook County State’s Attorney, defeating current State’s Attorney Anita Alvarez. Alvarez came under fire after waiting a year to file murder charges against an officer accused of shooting teenager Laquan McDonald 16 times. Charges were pressed only after a judge ordered the squad-car video be released to the public. Many accused Alvarez of a “cover-up.”

Foxx previously worked as chief aide to the Cook County Board President and worked in the juvenile division of the Cook County State’s Attorney’s office for years. In November, Kim Foxx will face-off against Republican nominee Christopher Pfannkuche.

Dorothy Brown, who is serving her 4^th term as Cook County Circuit Court Clerk, will be the democratic nominee in the upcoming election despite the federal probe into her office. While Brown did not have a majority of the vote (48 percent), she dominated over the other candidates, Michelle Harris and Jacob Meister had 31 percent and 22 percent, respectively. In October of last year, the Democratic Party announced they would no longer endorse Dorothy Brown, but would instead endorse Harris. Brown will challenge Republican nominee Diane Shapiro, who ran unopposed.

According to jail guards at the Lake County Jail, unsafe jail conditions are causing very dangerous situations. A letter to the Chicago Tribune from Cass Casper, senior staff attorney for the union local, states that there is a “substantial risk of the safety of the officers” due to broken elevators and radio systems. The letter alleges nine instances in which the radios or elevators failed from November to January.

Jail guards allege they have been stuck in elevators without the ability to use their radios due to radio “dead zones.” Wait times up to 25 minutes and rescues by ladders have been reported. An officer reported that the response time to an attack in which another officer was grabbed by the throat and thrown to the floor was “severely delayed due to one of the two elevators being nonoperational.”

According to jail officials, the main elevator has been fixed and the radio system will be replaced. Lake County plans to spend more than $7 million to buy a more advanced radio system that should be up and running by April.