Frequently Asked Questions

Answers to common questions about criminal defense, DUI, and related charges in Belleville and across Southern Illinois. Every case is different — for guidance about your specific situation, contact The Conner Law Firm to speak with attorney Erin K. Conner.

Working With Our Firm

How much does a criminal defense lawyer cost in Belleville?

Like most things in life, you get what you pay for. Fees for a criminal defense lawyer in Belleville will vary widely based on the practitioner’s experience with the practice area and amount of attention they intend to give your case.

With that, your expectations should vary as well. Erin K. Conner provides a level of representation and attention to the cases she takes that justify the price of premium service. Prices are specific to your case, and the strategies that will be necessary to achieve the best possible outcome.

Can a former prosecutor really help my defense?

Yes. Hiring a former prosecutor can provide strategic advantages in your criminal defense. In addition to her years of criminal defense work, Erin K. Conner brings insider knowledge of how the State builds cases, where weak spots may appear, and which procedural errors may otherwise go unnoticed.

She is also familiar with local judges, prosecutors, and courtroom staff, which can allow for more informed plea negotiations and case strategy.

The Criminal Defense Process

What should I do if I’m arrested in St. Clair County?

If you are arrested in St. Clair County, or any other Illinois county, you should protect your rights by remaining silent, not consenting to searches, and demanding to speak to your lawyer.

Officers are trained to elicit incriminating statements and get one version of the story that supports the decision to seek charges. What may seem harmless to you in the moment may be the thing that gets you charged. No one talks their way out of charges, but you can certainly talk your way into a much more complicated legal situation.

What is the difference between a misdemeanor and a felony in Illinois?

In Illinois, a misdemeanor is less serious than a felony, but it is still not something you want on your permanent criminal history. If convicted, you may face up to 12 months in jail, and maximum fines can range from $1,500 to $2,500 depending on whether it is a Class A, Class B, or Class C misdemeanor.

Felony charges are far more serious and can result in being sent to a state penitentiary for a year or more. Felonies are more likely to carry long-term, life-altering consequences such as the loss of your right to possess a weapon, rights to certain federal benefits, and harm to your career and reputation.

Any type of conviction has the potential to cause consequences beyond the sentence itself, including job loss, professional licensing issues, housing problems, loan denials, and other collateral consequences.

DUI Defense

Is a first DUI a misdemeanor in Illinois?

In Illinois, most first-time DUIs are charged as a Class A misdemeanor. That does not make it minor. A first DUI can still carry jail exposure, fines, court costs, drug and alcohol treatment, license consequences, and long-term effects on employment, insurance, and professional licensing. The exact strategy depends on the stop, testing, evidence, and whether any aggravating facts are alleged.

When does a DUI become an aggravated or felony DUI in Illinois?

A DUI can become aggravated or felony-level when certain factors are present, such as a prior DUI history, driving without valid driving privileges, a crash involving extensive injury, a child passenger, or other aggravating circumstances under Illinois law. Because the felony classification and sentencing exposure can change quickly based on the facts, anyone facing an aggravated DUI allegation should speak with counsel immediately.

What happens to my driver’s license after a DUI arrest in Illinois?

A DUI arrest can create two separate problems: the criminal case and the driver’s license consequences. In many cases, a statutory summary suspension can begin before the criminal case is resolved unless it is challenged and resolved in time. The available options may include contesting the suspension, seeking driving relief with the Secretary of State, or addressing reinstatement issues depending on the facts and prior driving history.

Can refusing a breath or chemical test suspend my license in Illinois?

Yes. Refusing a breath, blood, or urine test in an Illinois DUI case can trigger a statutory summary suspension. Refusal may limit the State’s evidence in one way, but it can also create longer license consequences. The right decision depends on the facts of the stop, testing request, and your driving history, so it is important to get legal advice quickly after an arrest.

Theft and Burglary

Can theft or retail theft become a felony in Illinois?

Yes. Theft and retail theft can become felonies depending on the value of the property, the location, the circumstances, and any prior criminal history. Even a case that starts from a store accusation or misunderstanding can create serious criminal-record consequences if it is not handled carefully.

What is the difference between theft, burglary, and retail theft?

Theft generally involves unlawfully taking property. Retail theft usually involves allegations connected to merchandise from a store. Burglary is different because it focuses on entering a building, vehicle, or other place with the intent to commit a theft or other felony. The labels may sound similar, but the elements and penalties are different.

Can a theft or burglary charge be sealed or expunged in Illinois?

It depends on the charge, the outcome, and the person’s prior record. Some dismissed charges, acquittals, or qualifying dispositions may be eligible for expungement or sealing. Convictions are more limited, and certain offenses may not qualify. The safest first step is to review the exact court disposition and criminal history.

Domestic Violence and Orders of Protection

What happens after a domestic battery arrest in Illinois?

After a domestic battery arrest, the court may address release conditions, no-contact restrictions, and future court dates quickly. The charge can also affect housing, family relationships, employment, firearm rights, and professional licensing. It is important not to contact protected parties if a court order prohibits it and to speak with a lawyer before making statements about the allegation.

Can violating an order of protection lead to arrest?

Yes. Violating an order of protection can lead to arrest and separate criminal charges. A violation can occur through contact, messages, third-party communication, going to a restricted location, or other conduct prohibited by the order. If an order is unclear or too restrictive, it should be addressed through the court rather than ignored.

How do orders of protection work in Illinois criminal cases?

Orders of protection can overlap with criminal cases when allegations involve domestic violence, harassment, stalking, or related conduct. They can restrict contact, residence access, firearm possession, and communication. Even if a person believes the allegations are false, violating the order can create new legal problems, so any challenge should be handled through the court process.

Drug Crimes

What is the difference between drug possession and possession with intent to deliver?

Drug possession generally means the State claims a person knowingly possessed a controlled substance. Possession with intent to deliver is more serious and means the State claims the person intended to sell, distribute, or transfer it. Prosecutors may look at amount, packaging, scales, cash, messages, or other circumstances, but those assumptions can often be challenged.

Can an illegal search or seizure affect a drug charge?

Yes. If police violated constitutional protections during a stop, search, detention, or seizure, evidence may be challenged through a motion to suppress. In drug cases, the legality of the stop, the scope of the search, consent, warrants, and chain of custody can all matter. A successful challenge can significantly affect the State’s ability to proceed.

Traffic and License Issues

What traffic offenses can lead to license suspension or revocation in Illinois?

Several Illinois traffic offenses can threaten driving privileges, including DUI, driving on a suspended or revoked license, leaving the scene of an accident, reckless driving, excessive moving violations, and certain serious injury or fatality-related offenses. The consequence depends on the charge, prior record, and Secretary of State rules.

Is driving on a suspended license a criminal offense in Illinois?

Yes. Driving on a suspended or revoked license can be charged as a criminal offense in Illinois, and penalties can increase with prior violations or if the suspension is tied to DUI or other serious traffic matters. It can also make reinstatement harder, so it should not be treated like an ordinary ticket.

Expungement and Sealing

Where do I file to expunge or seal a criminal record in Illinois?

A petition to expunge or seal records is filed in the circuit court in the county where the arrest or case occurred. The process usually requires reviewing the record, confirming eligibility, obtaining the correct dispositions, preparing the petition, and giving required agencies notice and an opportunity to object.

How long does expungement or sealing take in Illinois?

The timeline varies by county, record complexity, and whether any agency objects. Many cases take several months from filing to final processing. If there is an objection or a hearing is required, the process can take longer. The best estimate depends on the person’s record and the court where the petition is filed.

What offenses cannot be expunged or sealed in Illinois?

Illinois law limits expungement and sealing for certain convictions and categories of offenses. DUI convictions, many sex offenses, domestic battery convictions, and other excluded offenses may not qualify for full relief. Eligibility depends on the exact charge, outcome, sentence, waiting period, and criminal history, so the record should be reviewed before assuming relief is or is not available.