If Discovery Is Not Favorable How Do You Proceed In A Case?
If discovery is not favorable, they usually have the summary suspension, which is coming administratively from the secretary of state and the Department of Motor Vehicles. In Illinois, suspension is going to kick in 46 days after the day that you were arrested unless a court action is taken to stop it. Now, just filing a motion to throw that out doesn’t stop it, so you have to get going on it. A lot of times, people won’t come in for two or three weeks after the arrest, and then suddenly their suspension is about to kick in and they say “Oh my goodness, I wish you would have come in sooner.” So, time periods are important.
You need to contact your attorney immediately so that they can get the ball rolling. Sometimes the officer will put in a date for your first appearance that’s past the 46 days. If that’s the case, then it’s imperative for the attorney to get a petition to throw that out and file immediately. There are time limits on that as well. If I file a petition, they have to give a hearing within 30 days of the petition being filed. Otherwise, it’s going to get thrown out. If the officer has given you a date that’s 46 days after the arrest for your initial appearance, it doesn’t do you much good because you’re going to be suspended for 30 days. You want to get that hearing before the suspension commences.
That’s usually the first time you’re going to use it. Obviously, discovery is very important at any point, whether it’s a trial or a motion to suppress with the claim that there wasn’t probable cause for the stop or to arrest for DUI. Those are all of things that you have to litigate, but you need to know what kind of ammunition you have.
How Much Do People Who Are Arrested For The First Time Need To Know About Discovery?
They don’t need to know much. You should hope that the attorney knows what they’re doing because they’re not trying the case, you are. It’s basically just a waiting process, and it’s more or less set by statute. The client is going to tell me one thing, but I need to hear what happened from the officer’s perspective because the officer is the one who’s pursuing the prosecution. I need to see exactly what the officer is claiming. So, that’s pretty much what you’re waiting on. The most important thing is to get them going right away. Otherwise, you could be waiting a long time, and the suspension period point is going to pass by before you can get your hearing.
Do I Have To Plead Guilty Or Non-Guilty Before Seeing The Evidence Or Discovery?
Yes, you do.
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