HERNANDEZ LAW OFFICE 76 S. Grove Elgin, IL 60120
Elgin, IL 60120
847-468-1200 (phone)
847-628-0184 (fax)
Appointments Available on Wednesday in Aurora, Illinois
Hablamos Espanol
76 S. Grove Ave
Suite 76B
Elgin, IL 60120
ph: 847-468-1200
fax: 847-628-0184
attorney
Our office offers effective criminal defense representation in state and local cases ranging from misdemeanors to first degree felonies.
During your free consultation, our experienced criminal defense attorney will establish the facts in your case, and begin work immediately to develop a legal strategy to protect your rights and your freedom at every stage of the process.
We take each criminal defense case with the expectation that the matter will go to trial. Although we focus on litigation, we always look for ways to have charges dismissed or to negotiate a favorable plea bargain when appropriate.
Call our office today to discuss your case in a free consultation with our experienced criminal defense attorney. We are committed to providing personal attention and sound legal defense.
Attorney's Corner:
I made some dumb mistakes when I was younger and now my record haunts me when I try to apply for a new job. What is an expungement and how do I get one of those?
This is one my most commonly asked questions. There is not a blanket answer but I will try to give you an brief overview.
There first question to answer is what is the disposition of your case(s).
If you were sentenced to:
1. Conditional Discharge;
2. Fine (without term "supervision");
3. Time served;
4. Illinois Department of Corrections sentence
5. or finding of guilt by judge or jury (without term "supervision") then the answer is probably not.
I would need to review your record. If your were sentenced to probabtion it would depend on what kind of probation. If you were given a fine I would need to review the record.
There may however be a silver lining, if your record cannot be expunged then it may qualify to be sealed. Make an appointment, we can discuss this further.
If your record reads:
1. Acquittal, finding of not guilty;
2. Stricken on leave to reinstate (SOL);
3. Finding of no probable cause (FNPC);
4. Nolle Prosequi (NP);
5. No charges filed;
6. Dismissal;
7. or Supervision (which must be completed satisfactorily) then you may qualify for an expungement.
An expungement is not an absolute right. It is within the discretion of the Court. You may have to show "good cause". I say may because caselaw is unclear. Also, certain types of cases are not expungeable even if you did receive a favorable disposition, i.e. a DUI or domestic battery (typically). The most important thing to do is to obtain information. Don't live in fear or doubt. Schedule an appointment with our office to find out if you are elgible for an expungement. We will be happy to serve you.

When your child is facing a criminal proceeding in juvenile court, they should have a lawyer experienced with the juvenile justice system. Our attorney is experienced and sensitive to the specific legal issues affecting minors. If your child is accused of a juvenile criminal offense you need to hire an experienced attorney.
In Illinois, a person under the age of 17 accused of a crime, whether an adult crime or a juvenile offense like runaway status or truancy, will generally be charged as a juvenile and brought into the juvenile court system. This system is different from the adult criminal justice system. We have the experience to help children with juvenile delinquency charges.
Unlike an adult criminal court, the juvenile court's role is to pursue an appropriate sentence that will rehabilitate and correct the minor’s behavior in order to reduce further involvement within the criminal justice system. Our goal as your attorney is to keep the judge's attention focused on what will help your child learn from their mistake and allow them to make the most of their lives in the future. If your child is facing proceedings in juvenile court contact us so that we may defend your child’s rights and interests.

Attorney's Corner:
My child is being summoned to juvenile court for having drugs, marijuana, at school, how will I know what to do? How can I avoid this mistake from ruining my child's future?
There are many ways to obtain a positive outcome despite these difficult circumstances. First, it is important for our office to assess the minor’s problem and begin to respond to any active issues.
If there is little factual dispute that the minor committed the offense then it is very important to seek alternative sentences, such as court diversion or pre-court disposition to allow us to resolve your child’s juvenile matters before the filing of a juvenile petition and/or before adjudication and disposition of the case.
“Diversion” is exactly what the term suggests — diverting your child’s case into some alternate sentence or resolution before a juvenile petition is filed. The term “pre-court disposition” is somewhat misleading, the case is resolved after the juvenile petition is filed but before the juvenile proceeding is completed.
Each type of resolution require the advocacy of the minor’s attorney, agreement with the prosecution and cooperation by you and your child. Admission of your child to such programs is not to be taken lightly.
Both diversion and pre-court disposition are valued alternatives to the lengthy and expensive processes of juvenile court. Otherwise it could be weeks or months before a complete juvenile proceeding is undergone.
Without immediate action or consequences your child’s issue may continue unaddressed and unchecked. Under the supervision of the court, your child may have immediate oversight, risks and consequences should they not comply with the orders of the court and the guidelines of their program.
Each county and courthouse has different juvenile programs and resources. It is important for our office to find the best resolution under the circumstances for your child. We will do everything in our power to guide you, inform you and advocate for your child.
Our children are our future and we want the best possible outcome for you and your child.

Hernandez Law Office Ltd.
847-468-1200
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Hernandez Law Office Ltd. (c) All rights reserved.
76 S. Grove Ave
Suite 76B
Elgin, IL 60120
ph: 847-468-1200
fax: 847-628-0184
attorney