FREQUENTLY ASKED QUESTIONS

It should go without saying the easiest way to beat a DUI case is to not drink and drive: always call a friend or take a cab if you have been drinking and need to travel. If you are be pulled over after you’ve been drinking there are a few things you must never do.

Don’t flee the police. You will be charged with an additional crime.

Don’t try to explain yourself to the officer.

Do ask for a lawyer. It doesn't matter if you can't afford one. As soon as you ask for a lawyer, the officers must stop talking to you.

The officer asks you to take tests to observe your motor skills. But, no matter how you think you performed, the cop will say you failed. If the officer asks you to do any of the following, Say NO!:

• Sign anything
• Touch your finger to your nose
• Walk a straight line
• Stand on one leg
• Say the alphabet
• Follow his pen or flashlight with your eyes
• Tell him how many drinks you had, what kind or how long ago you drank them

It depends. The Shiller Preyar immigration attorneys may help analyze your specific case as it reflects your experience and facts on how you entered the country. Each immigration case comes with a unique story. It is important for us to look at that story and ask you questions regarding your immigration and/or criminal history, family ties, employment, etc. At Shiller Preyar, we will guide you through the network of immigration laws and advise you according to your unique story.

First, it is very important to state that notary publics or “notário públicos” are not the same as licensed attorneys. Never confuse a notário as someone having a license to practice law unless you are shown a valid certificate by the Supreme Court of Illinois. It is well documented that there is a high rate of abuse among the immigrant population with respect to notário fraud. For example, Chicago conducted a citywide investigation of immigration service providers, often called notaries, and found a huge percentage-44%-in violation of the City’s code of regulation. I say this as a call for caution. While there are many aspects in one’s path toward legal permanent residency that may be completed by notários, there is a lot of fraud being committed as well. In sum, notários are not authorized to provide legal advice or conduct legal functions, and cannot guarantee any immigration benefit or outcome.

Prosecutorial discretion is an executive order given by President Obama on or around June 2011. It is an executive policy in which Immigration Customs and Enforcement (ICE) is given discretion to not pursue deportation in a given case if it falls outside of their sphere of priority. For example, if you are placed in removal proceedings (“deportation”) and do not qualify for other forms of relief, it is possible that you may be eligible for prosecutorial discretion. The person in removal proceedings would be asked to show that he or she are persons of good moral character (do not have a significant criminal history), pay taxes, have family ties, employment ties, and they look at how long you have been physically present in the country. Prosecutorial discretion is a way to evaluate an individual’s case in order to make sure that he or she are not a priority for the government to deport. If someone is granted prosecutorial discretion, it does not mean that you will be granted status in the country. It simply means that the case will be administratively closed, and no order of deportation will be placed against you.

You should get a lawyer to best protect yourself if you are injured either in a car accident, on private property, or as a result of someone else’s negligence. The legal system can be difficult to understand, and if it is unclear who or what caused your injury, you will need a strong advocate to help you navigate the system.

Hospitals and clinics have a medical department where you can request your records. Each department has different procedures for giving records to their patients—some require patients to visit in-person, some have an online request system, and some can process requests via telephone. All of them will require you to fill out several forms regarding your privacy. It is important to note that hospitals and clinics can sometimes take a year or more to release patient records.

You need to speak to an experienced police misconduct lawyer immediately. The attorneys at Shiller Preyar Law Offices will meet with you at no charge to discuss your potential case. Do not wait to make an appointment with one of the attorneys at Shiller Preyar.

Some civil rights lawsuits are settled within days of filing the complaint in federal court; others are not resolved until several years later. After the attorneys file your complaint, the parties to the lawsuit engage in written “discovery.” Taking discovery in a civil case means that the attorneys representing each party send written questions and documents back and forth about the allegations, factual circumstances and damages in a case. Written discovery usually means that your lawyer will get all police reports, your medical records, your expenses and any other evidence about what happened to you. After written discovery is completed, lawyers take depositions (a series of questions and answers given under oath) of anyone with relevant information. You will give a deposition, accompanied by an attorney from Shiller Preyar. Your attorney will also depose the officers involved in your case. After depositions, your case will go to trial in federal court. If your case goes to trial, a jury will see evidence and hear testimony and then decide whether to award you money or not.

At any point during this process, the defense may offer to settle your case. If this happens, you and your attorney will discuss whether the settlement is a fair one and should be taken. Patience is critical after you have filed a civil rights lawsuit. Most cases take months, or even years, to come to an end.

Shiller Preyar accepts a variety of payment options including cash, check, and credit cards. While we accept cash and checks at no charge, ACH and credit card payments will carry a bank fee. Electronic Checks (check by phone) via ACH are processed with a $1 monthly fee. We accept all major credit cards, including American Express, with an additional a 3% fee.

It depends on the particular facts of your civil rights case. Each case has different injuries and damages, which are often difficult to calculate. Your attorneys will have a recommendation of what amount of money would be fair to settle your case based on other cases with similar injuries and damages.

For criminal cases we charge an hourly rate ranging between $300 and $500 depending on whether or not a partner or an associate takes your case. Criminal cases may be taken for a reasonable flat fee worked out on a case by case basis. In either scenario, we do ask for an initial retainer fee that, based on the particular facts of that case, is determined by the amount of anticipated work for a given case.