Monday, April 22, 2013

Chicago Criminal Lawyers' Court Call: 4/11/2013

On this day, Raymond G. Wigell and Huma Rashid appeared in the Kankakee County Courthouse in Kankakee, Illinois, on a traffic matter.

Our firm does not handle many traffic cases anymore, focusing instead on felonies at both the federal level, but this matter was referred to us by a colleague and friend.

Our client is charged with driving without having a license, and the problem is that he is undocumented. In Illinois, a new law taking effect in November of 2013 paves the way for undocumented immigrants to get their Illinois drivers' license. Though this case will be over long before November, this legislative act is something that the Court should be aware of in making its deliberations, and it is our plan to make sure that this is so.

On the first date, we filed our appearance as our client's attorneys and the State tendered an offer. We conveyed the offer to our client, discussed his rights and options, and instead of entering a plea that day and continuing the matter for sentencing, we opted to take another date for the plea, mitigation, and sentencing.

This gives us a little more than a month to put together a detailed mitigation presentation in which the Court will be made aware of all the mitigating factors about our client that affect this issue, and it is our hope that the Court will make a ruling that includes terms more favorable than the State's reasonable offer.

On that day, Raymond G. Wigell and Huma Rashid will return to the Kankakee County Courthouse, pictured below, to enter a plea, present mitigation, and proceed to sentencing.


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