DO I NEED A LAWYER?
Q: WHAT IF I GET A TRAFFIC TICKET?
A: Most people who get traffic tickets do not need to hire an attorney. However, there are traffic offenses that carry jail sentences as a penalty and if you cannot afford an attorney, the Court will appoint one for you. Also, there are times that a conviction or even a supervision could cause you to lose your drivers license. As a judge, I try to tell people when the ticket could cause problems with their license and give them time to talk with an attorney.
Q: WHAT IF SOMEONE IS SUING ME IN SMALL CLAIMS COURT OR IF I NEED TO SUE SOMEONE IN SMALL CLAIMS TO GET MY MONEY?
A: Small claims court is a more informal process which does not require an attorney. However, if the other party has an attorney, I would recommend that you talk to an attorney also. Corporations must have an attorney represent them in court.
Q: CAN I GET A DIVORCE WITHOUT AN ATTORNEY?
A: Yes. It is called a Joint and Simplified Dissolution which can be done without an attorney so long as there are no children, no real estate, the parties' incomes fall below the required amount, it is a short-term marriage, and the parties are agreed on all issues. However, this is a fairly rare situation. The Circuit Clerk has the forms for this type of divorce. In all other cases, I would strongly recommend that both parties consult with an attorney.
Q: IF I AM CHARGED WITH A CRIME, WILL THE COURT GIVE ME AN ATTORNEY?
A: Yes. If you are indigent and you could be sentenced to jail, the Court will appoint an attorney to represent you.
Q: DO I NEED AN ATTORNEY TO GET AN ORDER OF PROTECTION?
A: Usually, an emergency order of protection can be obtained by individuals coming to court by themselves or with the "advocate" who is skilled in dealing with domestic violence. In Brown County, the advocate would be Quanada - 217-223-2030. At the hearing following entry of the Emergency Order of Protection, either or both parties often come to Court with an attorney.
Q: WHAT ABOUT AN ATTORNEY FOR OTHER CIVIL MATTERS LIKE MORTGAGE FORECLOSURES, PROBATING WILLS, GUARDIANSHIPS OR SUITS OVER LAND?
A: These matters are complicated and difficult to understand. I would recommend consulting with an attorney before you appear in court. A judge cannot give you legal advice nor help you argue your case even if you do not have an attorney.
Q: WHAT IF I CANNOT AFFORD AN ATTORNEY?
A: In our area, Land of Lincoln Legal Assistance provides representation in some limited matters. The telephone number is 618-398-0574. Also, you might try looking online at www.illinoislegalaidonline.org. This will give you some ideas about how to start.