|What to do if charged |
with a Crime?
|An arrest or being charged with a crime can be a very humbling and
difficult situation. It is extremely important that you understand your
legal rights and protect yourself. Since 1987 the courts have
recognized and allowed DNA analysis to be used as evidence. Literally
hundreds of people who have been convicted and are serving prison time
have been proven not guilty. |
The lesson is that good representation is
priceless. A defendant accepting the investigation performed by the
police and not having his own investigation performed is tantamount to
having the police represent you at trial. Nick Albukerk will ensure
that everything possible is done to give you the best possible chance
to win your case.
|What do you do if stopped on suspicion of DUI in Chicago?|
|There are some simple things to keep in mind if you are ever stopped
on suspicion of DUI. While these suggestions are certainly not a
guarantee or promise that if you follow them you will not be charged or
convicted with a DUI, they are designed to help give you the best
chance to beat a DUI.
Do not alarm the officer.
Remain calm. Keep your hands on the top of the steering wheel where
the officer can see your hands. Do not make any sudden movements.
Wait until the officer asks for your license and registration before
opening your glove compartment or fishing in a bag or pocket for your
Be polite: say “yes sir” and “no sir”.
Ask to speak to your DUI attorney.
THIS IS ESPECIALLY IMPORTANT
This request will probably be ignored; if you can, call me!
|It is your choice whether or not you
answer any questions. An officer will most certainly question you
about your drinking pattern, eating pattern, etc. The officer will make
it seem that you have no choice but to answer his questions. Chances
are, if you do answer the officer’s questions then you are likely
handing evidence of your guilt to the officer, or, giving the officer
fodder to twist your words and actions into evidence of guilt. You do
not have to answer these questions.|
You may simply say,
as politely as possible, to all alcohol related questions or commands
to perform tests: "Officer, am I free to go?"
It is your choice whether or not you perform any field sobriety tests.
Most people feel that they have to perform these tests when asked. You
have a right to deny these tests. If you do the tests, again, all you
are doing is handing over evidence of your guilt or giving the officer
material to twist into evidence that he will claim proves your guilt.
|Illinois Law Related to Breath Test and Drunk Driving|
is your choice whether you perform any breath tests. There are
two types of breath tests: a small hand-held field test which is
performed where the officer stopped you and a more accurate breath test
machine performed at the police station. Officers have been known
to make it sound like you must participate in this test. If you
take the test and there is no alcohol in your system you will not be
suspended. If you take the test and have ANY alcohol in your
system (not necessarily over the legal limit of .08) you may be
arrested and your driving privilege will be suspended. If you do
not take the breath test the suspension of your license will be longer,
but you stand a better chance of winning your DUI case and fighting
your suspension. Clients can fight their suspension in a separate
hearing called a Petition to Rescind a Statutory Summary
Suspension. In any event, if this is your first DUI you can still
apply for a BAIID (Breath Alcohol Ignition Interlock Device) to be
installed on your car and the Court will then give you a permit to
drive during your suspension. |
Again, these suggestions are no guarantee that you will win your case, but they should improve your chances.
|Non Criminal Cases |
have handled simple car accidents, medical malpractice, and wrongful
death cases. Our consumer rights division has represented people
under the Fair Debt Collection Practices Act, Fraud cases and business
misconduct cases. Whether you or a loved one has been charged
with a crime, is under investigation for a crime, is being sued or
needs an aggressive attorney to fight for them so that they are
properly compensated after being ripped off or debilitated, Albukerk
& Associates are the aggressive, honest attorneys that will see you
through your legal crisis. Albukerk & Associates is your best
chance to win your case.|
We are ready to discuss your case with you, free of charge, and begin getting you or your loved one the help that they require.
|J. Nicolas Albukerk
Albukerk & Associates
Attorneys & Counselors at Law
1450 W. Randolph St. 2nd Fl.
Chicago, IL 60607