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Recent Blog Posts
How False Domestic Violence Arrests Happen
Not everyone who gets arrested on domestic violence charges is guilty. In fact, many are entirely innocent and have been falsely accused or were acting in self-defense. The problem with domestic violence cases is that the police are seldom there to witness the assault - and neither is anyone else. Most legitimate abusers do not assault their partners in public where others can see - they do it behind closed doors in their own homes. This means that police officers who respond to calls about domestic disputes essentially have to guess what probably happened and make an arrest based on that guess. If you have been falsely accused of domestic violence, you need a Cook County, IL criminal defense attorney immediately.
Why Innocent People Get Arrested for Domestic Violence
Domestic disputes - fights between romantic partners or people who live together - can be intense and chaotic. Police often arrive to find both parties extremely upset. They are then left to try to get both sides of the story and decide who - if anyone - to believe. Some factors that contribute to mistaken domestic violence arrests include:
DUI and Accidental Consumption
You are at a social gathering at a friend’s home when you start feeling unwell. You feel a little tired, a little dizzy, and “off” in a way you cannot quite describe. Wanting the comfort of your own bed, you decide to leave the party early and go home. On your way back, you are pulled over. You are shocked when the officer arrests you for driving under the influence when all you had was one glass of wine. Hoping to clear your name, you submit to a drug test, believing it will be clean. To your shock, you find out that you have tested positive for THC. After speaking to your friends, you are horrified to learn that the food served at the house party contained a cannabis extract, and that strange feeling you had was THC intoxication. You were driving while intoxicated, unbeknownst to you. You need an Arlington Heights DWI defense attorney immediately.
The Involuntary Intoxication Defense in Illinois
You may have a complete affirmative defense to your DUI charge if your lawyer can prove that your intoxication was involuntary. This would mean that you did not willfully ingest the substance that caused your intoxication. Accidentally eating food that was laced with THC is a frequent example of accidental intoxication.
What Happens After a Third DUI in Illinois?
While a first DUI normally leads to a license suspension and maybe a few days in jail and a second DUI can be a little more serious, your first two DUIs are usually misdemeanors. If you get a third DUI in Illinois, you are now facing a felony charge. Felonies carry a year or more of time in prison and can have a much more serious impact on your life than a misdemeanor. While misdemeanor charges are often overlooked by employers and landlords, felony charges for repeat DUIs can lead to rejection after rejection. The other legal penalties for a third DUI are also much harsher than the penalties for a first or second DUI. If you are facing a felony DUI, you must be represented by an experienced Rolling Meadows, IL repeat DUI defense lawyer.
Consequences of a Third DUI in Illinois
The third DUI penalty most Illinois defendants are most concerned about is jail time. Since a third DUI is a Class 2 felony, you could face between one year and 7 years in prison. In some cases, a shorter term of imprisonment followed by probation is possible. However, your DUI attorney will need to negotiate with the state or present strong mitigating factors - circumstances that show your offense is less serious than it looks - to reduce your prison time.
Do I Have to Answer the Door for the Police?
Having a police officer knock on your door can be alarming, whether or not you are guilty of any crime. Whether or not you have done anything wrong, realizing that the police are on your doorstep can induce a feeling of panic similar to what you might feel when you are getting pulled over. Unless the police have a search warrant signed by a judge, you likely have no legal obligation to answer the door. However, under some circumstances, the police may enter anyway, even if that means they have to break down your front door. It is important to pay attention to what the officers knocking are saying so that you can respond appropriately. If you believe that you are suspected of a crime or if the police enter without your consent, you should contact an Arlington Heights, IL criminal defense lawyer as soon as you have the opportunity to use a phone.
4 Ways to Violate A Protection Order in Illinois
Violating a protection order - even a civil protection order - is a criminal offense. Whether or not you were criminally charged with domestic violence, a protection order has the force of law. Violating the terms of a protection order can lead to jail time. If you were charged with domestic violence or assault against the protected party, a violation of the protection order is probably also a violation of your probation or pre-trial release. You must read the order carefully and strictly follow its terms. If you have been accused of violating a protection order in Illinois, it is important to immediately seek the advice of an experienced Rolling Meadows, IL criminal defense lawyer.
Actions That May Violate Your Protection Order
It can be very easy to violate a protection order without meaning to. Actions that might lead to an arrest for a protection order violation include:
When Roadside Sobriety Tests Are Wrong in Illinois
Roadside sobriety tests are often used by police officers to establish probable cause so that they can make a DUI arrest. However, these tests are notorious for producing inaccurate results. A person who is perfectly sober can fail roadside sobriety tests and be wrongfully charged with a DUI for a number of reasons. Some people simply do not have good balance, and external factors can also affect your score. If you were arrested for drunk driving because you did not pass a roadside sobriety test, a Rolling Meadows, IL DUI lawyer may be able to have those results excluded from the evidence presented in court.
Reasons a Sober Person Might Fail Roadside Sobriety Tests
People who have had one or two drinks are often under the limit and legally able to drive, but the police officer who pulled you over may have smelled alcohol on your breath and assumed you were more intoxicated than you were. Or, they may have smelled the cannabis someone else smoked around you while you declined. Reasons a person who is under 0.08 might fail a sobriety test include:
Fleeing a DUI Stop in Illinois
Being pulled over after you have been drinking can be frightening and can sometimes cause drivers to make poor decisions due to their panic. When you see a police officer behind your vehicle with their emergency red-and-blue lights flashing, you are legally required to pull over as soon as you can safely do so. While it is understandable that some intoxicated drivers may resist stopping out of fear of being charged with a DUI, doing so can lead to additional charges for fleeing or attempting to elude a police officer. Having these charges, in addition to a DUI, can put you in a more complicated legal position and make it more likely that you will face harsher treatment from the court and a more serious sentence, which could include jail time that would have been avoidable had you stopped. It is important to immediately seek the advice of an Arlington Heights criminal defense attorney.
The Mutual Combat Defense in Illinois
Two adults in Illinois can willingly decide to fight. This is in fact, fairly common. In some cases, adults decide to fight for recreational purposes, and it is quite clear that both parties consented to the combat. For example, if you participate in an organized wrestling or martial arts competition, you probably have to sign a document agreeing to experience physical contact that would otherwise be considered criminal assault. In other cases, it is less clear whether both adults implicitly agreed to fight each other. Bar fights are a fairly common example of a physical struggle that may or may not have been consensual for all involved. Witness testimony or video footage might be required to support this affirmative defense. If you have been charged with assault or another violent crime, it is important to reach out to an experienced Rolling Meadows, IL, criminal defense attorney.
Felony Domestic Violence in Illinois
Domestic violence charges are bad enough in their misdemeanor form. This particular offense carries a lot of stigma. Felony domestic violence is a far more serious charge. Not only will people convicted of this crime have to deal with being thought of as a “wife-beater,” they will also have to live the rest of their lives as felons. Domestic battery can be charged as a felony for several different reasons. Repeat offenses are one of the more common reasons people face felony charges for what would otherwise be considered simple domestic batteries. However, more serious forms of violence, such as those involving the use of a weapon, can also result in felony charges. If you are facing felony charges after a physical dispute with a family member, household member, or current or former romantic partner, it is very important to be represented by a skilled Arlington Heights, IL, felony domestic violence attorney.
Most Serious Sex Crimes in Illinois
Any sex crime is a serious matter. All sex crimes in Illinois are felonies, except for criminal sexual abuse, which can only be committed by a juvenile. If you are convicted of a sexually oriented offense, you can expect to serve time in prison. Courts are notoriously harsh when it comes to sex offenders. These crimes are routinely treated as some of the most serious offenses a person can commit, just behind murder. Sexual assault - commonly known as rape - and assaultive sexual offenses against minors are the most likely to lead to long prison terms and lifelong registration as a sex offender. If you have been charged with a sex offense of any kind, it is important to work with an experienced Rolling Meadows, IL, criminal defense attorney. Your entire future is at stake.
Sexual Assault and Aggravated Sexual Assault
Sexual assault includes any act of sexual penetration committed by force or threat of force while the victim is unable to consent, with a related person under the age of 18 years old, or when the offender is in a position of trust with another adult. A sexual assault can be considered aggravated if the offender uses or brandishes a weapon, causes bodily harm, endangers the victim’s life, or drugs the victim. The offense might also be considered aggravated if the victim is particularly vulnerable due to age or disability. Both of these offenses are Class 1 Felonies.
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Client accused of burglary was acquitted due to our skillful cross examination of eye witness identification.
Client accused of causing the death of another while driving under the influence - Acquitted.
Client accused of first degree murder - Acquitted.
Client accused of embezzlement - Charges never filed.
Hundreds of Secretary of State hearings for Drivers License Reinstatement - Won.
121 S. Wilke, Suite 301, Arlington Heights, IL 60005
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