Criminal / Traffic

Attorney Mark Battaglia started his career prosecuting criminal offenses for the People of the State of Illinois as an assistant Cook County State’s Attorney. Mark’s time in the office gives him unique insight into prosecutorial decision making and police procedures. This experience and insight can be put to work for you in your case. Call Mark today for a free consultation.

Criminal Defense:

The criminal code in Illinois is in a perpetual state of reform. It has not had a complete overhaul since 1961, yet legislators are always rewriting laws and adding new ones in an effort to look tough on crime. Mark stays on top of this ever changing practice area by reading the appellate summaries, attending seminars, and most importantly by representing individuals in criminal courtrooms on a daily basis.

A criminal case starts with a police investigation. Often times it is at this point when a person is most in need of a lawyer. Sometimes the best evidence the police have is a person’s statement, or evidence obtained from the defendant with his permission. Never deal with the police alone. Call Mark as soon as you have police contact so you have an advocate on your side. Unfortunately, innocence is no guarantee you won’t be arrested, charged, or even convicted of a crime. Mark is available for station visits, turn-ins, and pre-arrest representation.

Once you have been arrested and actual charges have been filed, you will definitely need an attorney to help you navigate the system. Mark will personally oversee the defense of your case from the bond hearing through a jury trial if necessary. Mark will obtain and review all police reports, laboratory reports, and statements, looking for loopholes to exploit and weaknesses in the State’s case. You will play an integral and informed part in strategizing and determining a course of action. You can rest assured that any disposition will be the best case scenario given the facts and circumstances of your individual situation.

Traffic:

Your privilege to drive a car in this State is just that, a privilege and not a right. With a couple of pen strokes, a police officer can put that privilege in serious jeopardy, or take it away altogether.

A D.U.I. is a complicated arrest scenario, full of pitfalls for the average beat cop. If procedures and regulations are not followed fully, huge amounts of evidence in the State’s case can be swept away in a motion to suppress. Mandatory license suspensions can be rescinded as well. Let Mark use his knowledge of the law, and his experience dealing with judges, prosecutors, and police officers to turn a routine D.U.I. stop into a nightmare for prosecutors to litigate.

Representing clients charged with D.U.I. requires patience and support on the part of the attorney. Clients must be educated to a great extent about the procedures governing the arrest and the consequences of the charges. Mark will spend as much time as you need every step of the way counseling you about what has happened, what needs to get done, and what you can expect in the near future and years to come as a result of the arrest.

Driving on a Suspended License is probably the most common misdemeanor traffic charge in the State. Many lawyers treat suspended license tickets as routine, bread and butter legal matters that can be handled with a plea in court and collection of a fee. But Mark knows that suspended license tickets can have ramifications for your driving privileges for months or years to come, especially if they are not handled properly in the trial court. Let Mark or one of his associates work with you to clear your driving abstract, obtain a new license, and minimize the damage that could be caused by this potentially dangerous charge.

Minor traffic tickets are another opportunity for the inexperienced practitioner to cause his client undue harm by mismanaging a case in the trial court. With a brief review of your traffic background, Mark can tell you exactly what the consequences of the charges will be to your record. Your driver’s license is your ticket to freedom, and your method to earn an income for your family. Don’t trust your traffic matters, major or minor, to just any attorney. Choose someone who knows the law and can make it work for you.

Driver's License Reinstatement

For clients whose driver's licenses are revoked and necessitate a hearing with the Secretary of State for reinstatement, I recommend my associate, Jennifer Wirth.  Jennifer concentrates her practice in the area of Secretary of State administrative law and has gotten some very good results for clients I have referred to her.  

She may be reached as follows:
53 West Jackson Boulevard
Suite 1633
Chicago, Illinois 60604
312-461-0400
www.frontlinelegal.com

Domestic Battery / Orders of Protection

As part of Mark’s divorce practice he has seen how allegations of domestic abuse and orders of protection can be used to devastating effect by unscrupulous attorneys and litigants. Accusations are easy to make and tough to defend. Too often the criminal justice system wants to err on the side of caution by granting an order, not knowing how those orders are used to gain leverage in a divorce or custody case. Some police departments even have mandatory arrest policies that result in almost unprosecutable charges being brought just to adhere to the policy.

There are other times when the evidence is strong and the client is in need of a sharp negotiator, not an aggressive litigator. In that case there are many strategies that can be used to control the damage and move the parties forward. Whether it’s negotiation or litigation, Mark’s background can be used to your advantage.

Expungement and Sealing of Criminal Records

If you need a clean record for employment purposes, immigration, credit, or just because you want to put a youthful mistake behind you, call Mark to see what can be done. In many cases, criminal dispositions and arrests can be made to disappear. In others, court files with damaging information can be sealed.

Asset Forfeiture

Asset forfeiture is being used more and more by the State to seize money and property in civil proceedings because the evidence is not strong enough to pursue a criminal case. People stand to lose hundreds or thousands of dollars worth of their property in these proceedings. The State counts on many people not defending the claim because they have questionable backgrounds or lack U.S. citizenship. Mark has won many of these cases simply by standing up to the government.

Post Conviction Proceedings and Appeals

Trials do not always produce perfect outcomes. If you feel that mistakes have been made in the Circuit Court, you need somebody who can review the transcript and take another look at your case to determine if it should be brought to the next level of judicial review.