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How do I clear a warrant in Illinois?

Table of Content
    • people v. Colon, 225 Ill.2d 125 (2007) (losing a criminal case does not prevent PTR violation)
    • People v. Thoman, 381 Ill.App.3d 268 (5th Dist. 2008) (ptr improper notice abdicates jurisdiction; no fee required; personal service, subpoena or warrant required)
    • People v . Martinez, 150 Ill.App.3d 516 (2nd Dist. 1986) (ptr submitted last day was late)
    • People v. Taube, 299 Ill.App.3d 715 (2nd Dist. 1998) (ptr cannot be granted simply because respondent has not benefited from treatment)
    • People v. Taube, 299 Ill.App.3d 715 (2nd Dist. 1998) (defendant may be raped for refusing to participate in some duties)
    • People v. Clark, 313 Ill.App.3d 957 (3rd Dist. 2000) (failure to test drug is grounds for revocation; had income and known deadlines; see 730 ILCS 5/5-6-4(d) for “disease becomes”)
    • people v. Neckopulos, 284 Ill.App.3d 660 (3rd Dist. 1996) (if the drug abuse program is not completed, no voluntariness is required: there is no violation of the 5th Amendment if the state calls the accused to testify about technical violations , not criminal)
    • people v. Birt, 274 Ill.App.3d 805 (4th Dist. 1995) (State has the right to make a motion to change parole)
    • People v. Tufte, 165 Ill.2d 66 (1995) (Evidence obtained unconstitutionally may be used at PTR hearing)
    • People v. Dowery, 62 Ill.2d 200 (1975) (Evidence obtained unconstitutionally may be used in PTR hearings)
    • People v. Keck, 226 figs. App3d (3rd Dist. 1992) (unpaid fines must be intentionally refused; the court must determine the defendant’s financial solvency; and sporadic employment must be his fault)
    • People v. Davis, 216 Ill.App. 3d 884 (2nd Dist. 1991) (Reimbursement case, was your inability to find work actually considered a willful failure to pay compensation)
    • People v. Woznick, 278 Ill.App.3d 826 (4th Dist. 1996) (Corpus delicti, not applicable at hearing/admission, alone may support reversal, and the defendant need not be charged, prosecuted, or convicted of the crime , which is revoked)
    • people v. Walsh, 273 Fig. App. 3d 453 (1st Dist. 1995) (this failure to pay fees was found to be intentional: a single moment of non-reporting can result in a rape)
    • People v. Turner, 233 Ill.App.3d 449 (4th Dist. 1992) (permissible written records at PTR hearing; see Rule 236(a), 730 ILCS 5/115-5(a), and Records Exception to Normal Fines and Exception to public records)
    • persons v. Melson, 19 Ill.App.3d 438 (5th Dist. 1974) (The PTR allegation need not be as specific as an allegation, but should be sufficient to inform the accused of the nature of the alleged conduct)
    • People vs. Moaton, 182 Ill.App.3d 161 (1st Dist. 1989) (no restitution payment made and reversed)
    • People v. Toran, 219 Ill.App.3d 99 1 (2nd Dist. 1991) (Confession of drug use admissible at ptr hearing if involuntary)

    Request an attorney after your arrest for DUI

    You should always get experienced legal counsel to represent you in your DUI case as early as possible. This is especially true if a police officer starts asking you questions after you have been arrested. In this case, you should assert your right to a lawyer immediately during the interrogation.

    You must not answer any questions against your will without an attorney present, either in person or by telephone. If you assert your right to an attorney and the police officer continues to question you, anything you say in response can be suppressed in a criminal DUI proceeding. This is especially true if the officer asks if you’ve been drinking or how much you’ve been drinking.

    Complications of non-compliance with court requirements

    Similarly, non-compliance with judgment requirements leads to additional complications. If the sentencing requirements have not been met, the judge may revoke supervision or probation and resentencing you. The judge may also charge you with probation violations, and you must face those charges in addition to the DUI charges.

    If you miss a court date or fail to meet the court’s requirements, contact a criminal defense attorney immediately. It’s best to get a warrant overturned as soon as possible. The warrant remains in effect until you are arrested or reported. A criminal defense attorney may file a motion to have the order overturned and set aside. Pending warrants are unnecessary stress that can keep you from winning a DUI charge. Experienced criminal defense attorneys can help take the added stress out of following the proper procedures to process the court order.

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