What is a [no-lexicon]misdemeanor[/no-lexicon]?

A misdemeanor is a criminal offense. The worst sentence that you can get is:

• A maximum of 364 days in the county correctional facility,
• Fines up to $2,500, or
• A combination of both.

At a minimum, a misdemeanor conviction will result in court supervision, usually with a fine. If you meet the terms of the court supervision, the offense will not show up as a conviction on your record.

Could I be sentenced to jail?

There is always a chance of being sentenced to jail, but most sentences don't result in jail. The court makes its decision based on the facts and nature of the offense, your driving record, and any criminal background.

In Cook County, sentences may require participation in the Sheriff’s Work Alternative Program (SWAP) or community service. If you cannot pay a fine, then SWAP or community service may satisfy payment of fines.

In some cases, there may be aggravating factors that require the judge to impose jail time, SWAP, or community service as part of the sentence. "Aggravating factors" are facts that make your crime more serious. For example, if there was an accident or if a child was in the car. These sentencing requirements are listed in the state laws that apply to your case. Visit this ILAO guide for general information about parking tickets and traffic court.

Is driving under the influence of alcohol or drugs (DUI) a misdemeanor?

A DUI is usually a misdemeanor. But if there are aggravating factors in your case, you may be charged with a felony. Aggravating factors may include:

• Being involved in a bad accident with serious injuries,
• Not having a valid driver’s license, or
• Not having car insurance.

Do I need an attorney for a misdemeanor?

Yes. If you cannot afford an attorney because of limited resources, tell the judge. The judge will have you fill out an affidavit where you can list your assets and liabilities. The judge will examine the affidavit, and if you qualify, they will appoint a lawyer from the public defender’s office. Remember, you must meet the federal guidelines in order to have a public defender appointed to represent you.

If you do not qualify for a public defender, then you should hire a private lawyer. You do not have to get a lawyer to go to court with you. But handling the case on your own may be very complicated, and the judge's decision can have very serious results. It is always best to hire a lawyer to represent you.

Can I erase a misdemeanor from my criminal record?

Erasing a criminal record is called an expungement. If you get a sentence of supervision, you may be able to expunge your record.

Driving under the influence (DUI) matters cannot be expunged. Visit the Illinois courts website or click on this ILAO guide to learn more about expunging your record.