Matthew David Keenan Criminal Law Blog on Lawyers.com

            We hear
this question from clients all the time. 
Naturally, if you are charged with a crime, the prospect of serving time
is frightening.   Whether you will be
sentenced to jail, however, depends on a variety of factors.  The good news is that while many crimes carry
possible prison sentences, courts frequently do not impose jail time for
misdemeanor first-time  offenders.

            In
Illinois, beginning with a Class C Misdemeanor, you can be sentenced for up to
30 days in jail.  A Class B Misdemeanor
carries a possible 6 months penalty, and Class A can mean confinement for up to
a year.  In Cook County, if you are a
first time misdemeanor offender, it is highly unlikely that you will receive any
jail time.   Instead, you may have to
take classes, pay a fine or do community service. 

On a second offense, however, your
chances of jail time increase substantially, but even then, your sentence
depends on the nature of the offense, your background and the judge.  An experienced attorney can present your case
to the judge in the most favorable light, highlighting positive facts about
your background.  In some cases, the
attorney can still successfully negotiate a plea agreement where you would
perform community service, receive treatment and/or pay fines in lieu of jail
time. 

For a first time DUI with no
injuries, there is a strong possibility that you will not serve time in
jail.  For a second DUI offense, your
chances of a jail sentence increase substantially, but even then it depends on
the circumstances of your case.  If you
are driving on a suspended license due to an underlying alcohol-related
offense, Illinois law does require jail time, although you may be able to do
community service instead of jail on a first offense.

Felonies are punishable by at least
one year in state prison.  Felony
offenses range from Class 1 to Class X, with Class X being the most severe.  Class X felonies are punishable by a minimum
of 6 years.  Your chances of receiving
jail time are much greater than with a misdemeanor, but you may be eligible for
probation under certain limited circumstances. 

If you violate a sentence of
supervision or probation, you have a very high risk of receiving jail time, and
you should contact an attorney immediately. 
Showing up for a violation hearing without legal counsel sounds a signal
to the judge that you are not taking the process seriously.   In cases of this sort, it is not unusual for
judges to conclude that only a trip to county jail will help you focus on your
problem. 

In all cases, you should consult an
experienced criminal law attorney immediately to discuss the best strategy for
your situation.  Depending on your
particular circumstances, an attorney may succeed in getting your case
dismissed, such as through a motion to quash a search due to inadequate probable
cause.  An attorney can also help
determine if your case is winnable at trial.

If you have questions about this or
another related criminal or traffic matter, please contact Matt Keenan at
847-568-0160 or email matt@mattkeenanlaw.com.

(Besides Skokie, Matt
Keenan also serves the communities of Arlington Heights, Chicago, Deerfield,
Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles,
Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)