Criminal Defense & DUI Law
McNamara, Phelan McSteen, LLC is located in Joliet, IL. The Law Firm includes three former Will County Assistant State’s Attorneys, one former Peoria County Assistant State’s Attorney, a former Will County Assistant Public Defender, and one former Missouri Assistant Attorney General.
We are proud of our long history of defending those charged with criminal offenses, and protecting the constitutional rights of our clients.
Our attorneys represent individuals charged with:
- Drug related crimes
- Domestic violence
- Traffic offenses (felony or misdemeanor cases)
- Administrative disciplinary charges (Illinois Dept. of Children and Family Services)
- Criminal Defense
- Vehicular homicide or assault
- Juvenile crimes
- Weapons offenses
- Sex crimes
Criminal Defense FAQs
What is a misdemeanor?
A misdemeanor means that the charges against you could result in jail time and a fine
- Class A Misdemeanor is punishable up to 364 days in jail and up to $2500.00 in fines
- Class B Misdemeanor is punishable up to 180 days in jail and up to $1500.00 in fines
- Class C Misdemeanor is punishable up to 60 days in jail and up to $600.00 in fines
What is a felony?
A felony means the charge is punishable by one year or greater in prison
- Class 4 Felony is punishable between 1-3 years in prison and up to $25,000.00 in fines
- Class 3 Felony is punishable between 2-5 years in prison and up to $25,000.00 in fines
- Class 2 Felony is punishable between 3-7 years in prison and up to $25,000.00 in fines
- Class 1 Felony is punishable between 4-15 years in prison and up to $25,000.00 in fines
- Class X Felony is punishable between 6-30 years in prison and up to $25,000.00 in fines
Will I go to jail?
I have a bail bond, what does that mean?
I did not pay a cash bond, why?
Will I get my bond back?
Can I use my bail bond to pay for my attorney?
- Yes, it is called a “bond assignment.” However, our firm will not accept a bond assignment as an initial retainer. We will accept a bond assignment to pay off your remaining balance with our firm at the end of the case. The surety must sign off on the bond assignment.
- Be very cautious of an attorney that accepts a bond assignment as an initial payment. Remember, a bond assignment does not get addressed until the end of the case. Thus, the quicker your case gets resolved, the quicker the attorney gets paid.
Does it make a difference if I plead guilty or I am found guilty?
Why do I need to hire an attorney, I know I am guilty?
- This may be true but you may still be able to avoid a conviction entering on your record. A conviction can have devastating effects on your future opportunities for employment and for higher education opportunities, including eligibility for financial aid.
- A good attorney can negotiate the dismissal of other charges/tickets as part of the plea bargaining process and can save you money by preventing additional fines and costs from being assessed.
What does a conviction mean?
- First, a conviction will prevent you from expunging the case permanently from your background
- A conviction may even prevent you from sealing the case permanently from your background
- If you have a driving related offense, a conviction means your insurance company can see it on your driving record which most likely will result in increased insurance premiums!
- A conviction can result in the suspension or revocation of your driving privileges.
- In some cases, a conviction could result in mandatory registration/reporting requirements
- A conviction could result in a loss of your FOID/Conceal & Carry Permit
What does Supervision mean?
- Here is the definition taken directly from the Illinois Compiled Statute:
“a disposition of conditional and revocable release without probationary supervision, but under such conditions and reporting requirements as are imposed by the court, at the successful conclusion of which disposition the defendant is discharged and a judgment dismissing the charges is entered.” (emphasis added)
Will a disposition of Supervision be on my record?
If I am charged with a Felony must I take a conviction?
Can I expunge / seal this arrest even if I plead guilty?
- In a lot of cases yes and sometimes we can help you avoid the mandatory waiting period. Some offense are not eligible for expungement / sealing. If you are acquitted (found not guilty), there is no waiting period to expunge an arrest.
- DUI cases and traffic cases are never eligible for expungement / sealing unless you were acquitted (found not guilty).
Why is it important that I have a local Will County lawyer?
A lawyer that spends the majority of his/her time in one particular county has relationships with the Judges and Prosecutors that out of county lawyers simply never develop. A local attorney knows the Prosecutors and Judges’ quirks or habits. A local lawyer knows how to strategically approach each Prosecutor and Judge and can advise you on what factors the Judge may or may not consider in determining your guilt or innocence. You have to remember that Judges and Prosecutors are just normal people like you and I. They are fathers, mothers, brothers and sisters.