Aurora, Oh Aurora! Elgin, Oh, Elgin! Everything’s fine with Criminal Charges and the Law

To this criminal defense lawyer, it seems that not soon after my criminal law post regarding State Rep. Keith Farnham’s “new” idea about requiring defendant’s to reimburse the police for the cost of the defendant’s arrest, that Elgin continues to go further and further with the same idea. Now, if you are arrested for the criminal charge of DUI, in addition to other traffic stops and criminal arrests, you’ll have to pay the city of Elgin $500 for your car’s tow, as well as for the cost of the car’s impoundment itself by the private company. This is the case even if there is a perfectly fine driver there to drive the car home making the tow unnecessary, but also in cases in which a person is found not guilty of the crime, and even if there is a finding of no probable cause for the crime. This is the same process the city of  Aurora, Il, has been using for years. The officials know that since the fine is “only” $500, that such persons subject to the fine will not hire a lawyer to defend against the fee charged because lawyers understandably have to charge more than that to wait around and conduct a prepared trial. What a racket.

     It is this criminal lawyer’s opinion that this is not constitutional. It fails to afford a person reasonable due process. It presumes people guilty first by holding the car or a posted $500 hostage until the hearing, in which the administrative judge is someone picked by and paid for by the same municipality that seeks to gain money through this process. The Elgin government officials even say this – that their goal is to raise 1.5 million dollars a year in revenue under this sham process.

     Cities like Aurora, IL and Elgin, IL seem to want to solve their financial woes by increasing fines and costs in criminal cases in never-ending ways and amounts, and by creating new ones, not realizing that there comes a time when the stone is producing no more water, and that it costs more to chase after unpaid fines than what is actually collected.

     It is time for the criminal defense bar in Kane County to consider whether these hearings actually provide an opportunity for a deposition in a criminal case that they might not ordinarily have, and turn the tables on the government by actually making them work, take their time and personnel, and provide recorded testimony of the hearings, as well as any video and-or audio tapes of the DUI or other traffic arrest. Such legal fee can be incorporated into the overall DUI fees for representation in the criminal case itself, and make it affordable, and reasonable, for both the attorney and the client.

    At least to this criminal defense attorney, this is making sense, especially in cases involving driving under the influence cases. DUIs – it seems now more than ever government officials wish to make money rather than reduce the numbers of people driving under the influence.

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