Misdemeanor Defense

Lake County Misdemeanor Criminal Defense AttorneyThe Law Office of Winer & Winer provides first-rate representation throughout the entire legal process from arrest, bond hearing, pre-trial motions, witness preparation, trial preparation, trial, sentencing, post-trial motions as well as probation violations and expungments.  And if you believe you are a suspect to a crime, we will counsel you during this critical phase and deal with the police on your behalf.

Tough, Aggressive Waukegan Criminal Lawyers – Misdemeanors

If you have been charged with any type of criminal matter, from a petty offense or misdemeanor to a serious felony charge, you can be confident that you will get the finest legal representation possible from the Law Offices of Winer & Winer.

With over 80 years of combined legal experience representing clients in all types of criminal cases, you can be confident that we will fight for you every step of the way.

Lake County Criminal Defense Lawyers

Misdemeanors offenses in Illinois can result in incarceration in the county jail for up to one year,  probation, conditional discharge or supervision up to two years and a fine of up to $2,500 plus court costs.  Depending on the charge, a misdemeanor conviction can also have other negative consequences including the loss of your driver’s license or professional license and may negatively impact employment and educational opportunities. 

At the Law Office of Winer & Winer we understand the seriousness of misdemeanor charges and will vigorously represent you every step of the way.
  
We represent clients on all misdemeanors and felony offenses including:

* Drug Offenses * Assault-Battery * Reckless Conduct
* Burglary-Robbery * Damage to Property * Deceptive Practices
* Theft-Fraud * Domestic Battery * Trespass to Land or Building
* Weapons Offenses * Order of Protection * Forgery
* Juvenile Offenses * Financial Crimes * Obstructing Justice
* Sex Offenses * Record Expungement * Shooting Offenses
* Bail & Bond Hearings * Internet Crimes * Armed Violence-Home Invasion
* Probation Violations * Resisting-Obstructing * All Misdemeanors & Felonies

 
Call now to have the experience and reputation
of the Law Offices of Winer & Winer work for you 
(847) 336-9111

 
Guideline for the sentencing provisions for all misdemeanor offenses:

 

SENTENCING PROVISIONS FOR ALL MISDEMEANORS,
Statute 730 ILCS 5/4.5-70
.

CLASS “A” MISDEMEANOR SENTENCE. 

(a) The sentence of imprisonment shall be a determinate sentence of less than one year. 

(b) PERIODIC IMPRISONMENT. A sentence of periodic imprisonment shall be for a definite term of less than one year, except as otherwise provided in Section 5-5-3 or 5-7-1 (730 ILCS 5/5-5-3 or 5/5-7-1). 

(c) IMPACT INCARCERATION. See Section 5-8-1.2 (730 ILCS 5/5-8-1.2) concerning eligibility for the county impact incarceration program. 

(d) PROBATION; CONDITIONAL DISCHARGE. Except as provided in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the period of probation or conditional discharge shall not exceed 2 years. The court shall specify the conditions of probation or conditional discharge as set forth in Section 5-6-3 (730 ILCS 5/5-6-3). 

(e) FINE. A fine not to exceed $2,500 for each offense or the amount specified in the offense, whichever is greater, may be imposed. A fine may be imposed in addition to a sentence of conditional discharge, probation, periodic imprisonment, or imprisonment. See Article 9 of Chapter V (730 ILCS 5/Ch. V, Art. 9) for imposition of additional amounts and determination of amounts and payment. 

(f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) concerning restitution. 

(g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall be concurrent or consecutive as provided in Section 5-8-4 (730 ILCS 5/5-8-4). 

(h) DRUG COURT. See Section 20 of the Drug Court Treatment Act (730 ILCS 166/20) concerning eligibility for a drug court program. 

(i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 ILCS 5/5-4.5-100) concerning credit for time spent in home detention prior to judgment. 

(j) EARLY RELEASE; GOOD CONDUCT. See the County Jail Good Behavior Allowance Act (730 ILCS 130/) for rules and regulations for early release based on good conduct. 

(k) ELECTRONIC HOME DETENTION. See Section 5-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for electronic home detention. 

CLASS “B” MISDEMEANOR SENTENCE. 730 ILCS Sec. 5-4.5-55.

(a) The sentence of imprisonment shall be a determinate sentence of not more than 6 months. 

(b) PERIODIC IMPRISONMENT. A sentence of periodic imprisonment shall be for a definite term of up to 6 months or as otherwise provided in Section 5-7-1 (730 ILCS 5/5-7-1). 

(c) IMPACT INCARCERATION. See Section 5-8-1.2 (730 ILCS 5/5-8-1.2) concerning eligibility for the county impact incarceration program. 

(d) PROBATION; CONDITIONAL DISCHARGE. Except as provided in Section 5-6-2 (730 ILCS 5/5-6-2), the period of probation or conditional discharge shall not exceed 2 years. The court shall specify the conditions of probation or conditional discharge as set forth in Section 5-6-3 (730 ILCS 5/5-6-3). 

(e) FINE. A fine not to exceed $1,500 for each offense or the amount specified in the offense, whichever is greater, may be imposed. A fine may be imposed in addition to a sentence of conditional discharge, probation, periodic imprisonment, or imprisonment. See Article 9 of Chapter V (730 ILCS 5/Ch. V, Art. 9) for imposition of additional amounts and determination of amounts and payment. 

(f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) concerning restitution. 

(g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall be concurrent or consecutive as provided in Section 5-8-4 (730 ILCS 5/5-8-4). 

(h) DRUG COURT. See Section 20 of the Drug Court Treatment Act (730 ILCS 166/20) concerning eligibility for a drug court program. 

(i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 ILCS 5/5-4.5-100) concerning credit for time spent in home detention prior to judgment. 

(j) EARLY RELEASE; GOOD CONDUCT. See the County Jail Good Behavior Allowance Act (730 ILCS 130/) for rules and regulations for early release based on good conduct. 

(k) ELECTRONIC HOME DETENTION. See Section 5-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for electronic home detention. 

CLASS “C” MISDEMEANOR SENTENCE. 730 ILCS Sec. 5-4.5-65.

(a) The sentence of imprisonment shall be a determinate sentence of not more than 30 days. 

(b) PERIODIC IMPRISONMENT. A sentence of periodic imprisonment shall be for a definite term of up to 30 days or as otherwise provided in Section 5-7-1 (730 ILCS 5/5-7-1). 

(c) IMPACT INCARCERATION. See Section 5-8-1.2 (730 ILCS 5/5-8-1.2) concerning eligibility for the county impact incarceration program. 

(d) PROBATION; CONDITIONAL DISCHARGE. Except as provided in Section 5-6-2 (730 ILCS 5/5-6-2), the period of probation or conditional discharge shall not exceed 2 years. The court shall specify the conditions of probation or conditional discharge as set forth in Section 5-6-3 (730 ILCS 5/5-6-3). 

(e) FINE. A fine not to exceed $1,500 for each offense or the amount specified in the offense, whichever is greater, may be imposed. A fine may be imposed in addition to a sentence of conditional discharge, probation, periodic imprisonment, or imprisonment. See Article 9 of Chapter V (730 ILCS 5/Ch. V, Art. 9) for imposition of additional amounts and determination of amounts and payment. 

(f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) concerning restitution. 

COURT SUPERVISION 

(a) SUPERVISION; ORDER. The court, upon a plea of guilty or a stipulation by the defendant of the facts supporting the charge or a finding of guilt, may defer further proceedings and the imposition of a sentence and may enter an order for supervision of the defendant. If the defendant is not barred from receiving an order for supervision under Section 5-6-1 (730 ILCS 5/5-6-1) or otherwise, the court may enter an order for supervision after considering the circumstances of the offense, and the history, character, and condition of the offender, if the court is of the opinion that:

(1) the defendant is not likely to commit further crimes;

(2) the defendant and the public would be best served if the defendant were not to receive a criminal record; and

(3) in the best interests of justice, an order of supervision is more appropriate than a sentence otherwise permitted under this Code.

(b) SUPERVISION; PERIOD. When a defendant is placed on supervision, the court shall enter an order for supervision specifying the period of supervision, and shall defer further proceedings in the case until the conclusion of the period. The period of supervision shall be reasonable under all of the circumstances of the case, and except as otherwise provided, may not be longer than 2 years, unless the defendant has failed to pay the assessment required by Section 10.3 of the Cannabis Control Act (720 ILCS 550/10.3), Section 411.2 of the Illinois Controlled Substances Act (720 ILCS 570/411.2), or Section 80 of the Methamphetamine Control and Community Protection Act (720 ILCS 646/80), in which case the court may extend supervision beyond 2 years. The court shall specify the conditions of supervision as set forth in Section 5-6-3.1 (730 ILCS 5/5-6-3.1).