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Can You Beat a Field Sobriety Test?

 Posted on September 29,2023 in DUI

Arlington Heights, IL DUI defense lawyerYou are stopped while driving by a local law enforcement officer who has asked you to participate in a field sobriety test. Now what? 

At this point, many drivers think that they are either not as intoxicated as they actually are or that they are smart or coordinated enough to beat the field sobriety test. No matter how well you do on this performance test or even if you refuse, you may soon need the services of a knowledgeable Arlington Heights, IL DUI lawyer.

What is a Field Sobriety Test?

Sometimes referred to as a roadside sobriety test, law enforcement officers use these assessments to help with DUI enforcement if they suspect a driver could be drunk or otherwise impaired by a substance while driving. Officers typically request a field sobriety test before asking a driver to submit to a breathalyzer test. 

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Potential Defenses to DUI Charges

 Posted on September 23,2023 in DUI

IL defense lawyerDUI/DWI convictions come with many serious consequences. Winning a DUI case begins with an experienced Arlington Heights, IL DUI defense attorney who can develop a strong defense strategy grounded in the specific details of the individual case as well as the goals of each individual client. These cases are often complex, allowing room for law enforcement to make mistakes when they gather evidence and make a DUI arrest. However, without knowledge of the law and potential defense, it can be difficult for those charged with a DUI to fight back. 

An Illegal Stop

The arrest process can be flawed if followed improperly by police. Your attorney can request the arresting officer's dashcam video. It is unlikely that such footage will paint the entire picture of the stop. However, it can help put the pieces together to prove that the officer potentially stopped you illegally. If the officer made an illegal stop, all evidence law enforcement collected after you were pulled over must be suppressed in court. Without this evidence, the prosecution does not have a case.

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When Should You Hire a Criminal Defense Lawyer?

 Posted on September 15,2023 in Criminal Law

IL defense lawyerIf you or someone you know has recently found themselves in legal trouble, you might wonder what your options are. No matter what kind of criminal charges you face, you can always hire an Arlington Heights, IL criminal defense lawyer to help you weather this storm. In fact, hiring an attorney is in your best interest, even if this is your first run-in with the law.

You may worry about your reputation or how this charge will impact your work or family life. By working with a lawyer, you could decrease the impact that your charges have on your career and those you love. Cost is also another concern for people facing criminal charges; however, not hiring a lawyer could end up costing you much more in the long run. 

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Potential Defenses to Illinois Drug Charges

 Posted on September 09,2023 in Drug Crimes

IL defense lawyerDrug charges are some of the most severe charges someone in Illinois can face. While many different defenses exist, using a defense that works well for your specific case is imperative. To find the best defense for your case, you will want to talk to an experienced Rolling Meadows, IL drug crimes attorney who is well-versed in state drug laws and your local court system. The most common defenses to Illinois drug charges include the following.

Unintentional Possession

To be convicted of possessing a controlled substance, you must knowingly have the substance in your possession. In some cases, there is the potential that someone was not aware that they had drugs in their possession. For example, maybe they were given a package or envelope without knowledge of its contents. Tell your attorney if this happened in your case. They can determine if this should become a part of your defense.

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What You Need to Know About Attorney-Client Privilege in Criminal Law

 Posted on August 26,2023 in Criminal Law

IL defense lawyerAttorney-client privilege is a fundamental legal concept crucial in protecting the privacy and confidentiality of communications between clients and their attorneys. Particularly in criminal law, understanding the scope, exceptions, and limitations of attorney-client privilege is essential for preserving a client’s rights and facilitating an effective defense. If you are facing criminal charges, it is important to understand the concept of attorney-client privilege and how it may be a factor in your case as you work with your lawyer to fight the charges against you. 

Defining Attorney-Client Privilege

Essentially, attorney-client privilege is a legal principle that guarantees the confidentiality of communication between attorneys and their clients. It allows clients to freely disclose information to their attorneys, secure in the knowledge that such communications will remain confidential. This privilege is vital as it encourages clients to be truthful and transparent with their attorneys, facilitating effective legal counsel and advocacy. 

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Legal Consequences for Shoplifting

 Posted on August 18,2023 in Criminal Law

IL defense lawyerBeing arrested for shoplifting merchandise can be an alarming and stressful experience, particularly if it is your first run-in with the law. In Illinois, theft is taken seriously, and the severity of the legal consequences largely depends on various factors surrounding the incident. Today, we will provide a legal overview of the potential outcomes in such a case. If you are facing shoplifting charges, contact an experienced criminal defense lawyer to assist you in fighting the charges of which you have been charged. 

Understanding the Offense 

In Illinois, theft is considered a criminal offense involving unauthorized taking or controlling another person’s property. The value of the stolen merchandise plays a crucial role in determining the changes and potential penalties. 

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What is the Crime of Embezzlement in Illinois?

 Posted on August 16,2023 in Criminal Law

Il defense lawyerIn the realm of white-collar crimes, typically non-violent offenses that are financially motivated, embezzlement is a serious offense that can have far-reaching consequences for individuals and organizations. Today, we will examine the legal complexities surrounding embezzlement in the state of Illinois, unpacking the reasons why it is considered to be such a serious offense. If you have been charged with embezzlement, contact a criminal defense attorney with experience defending clients against white-collar crime charges. 

Understanding Embezzlement

Embezzlement is a specific form of theft where an individual entrusted with money or property, typically as an employee or fiduciary, a fiduciary being someone who is authorized to handle money or property to someone else, wrongfully takes or misappropriates those assets for personal gain. The critical element distinguishing embezzlement from other theft crimes is the violation of trust. 

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Understanding Aggravated Battery in Illinois: Exploring Key Aspects

 Posted on August 07,2023 in Criminal Law

IL defense lawyerAggravated battery is a violent crime that encompasses various violent acts committed in Illinois. Today, we will look at the definition, elements, and potential penalties surrounding the offense of aggravated battery. Understanding these crucial aspects can help individuals navigate the legal system more effectively. If you have been charged with a violent crime, contact a criminal defense lawyer at once, as failing to do so will likely result in negative consequences, both legally and personally. 

Definition and Elements of Aggravated Battery in Illinois

Aggravated battery is a criminal offense involving intentionally causing bodily harm, permanent disability, or disfigurement to another person. It refers to a battery with specific aggravating factors that escalate its severity. These factors may include the use of a dangerous weapon, strangulation, causing harm to specific vulnerable populations such as children, individuals over 60, or attacking someone who is visually impaired or otherwise disabled. The essence of aggravated battery lies in the intention to cause significant harm or escalate the harm further by specific actions or by whom the perpetrator targets. If the prosecution can prove beyond a reasonable doubt that the alleged crime included these various factors, that accused may be found guilty of aggravated battery.

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Driving While High on Marijuana vs. Driving Drunk

 Posted on August 01,2023 in Criminal Law

b2ap3_thumbnail_drunk-driving-DUI-interstate.jpgWith the changing landscape of marijuana legislation nationwide, questions arise about its impact on traffic safety. In Illinois, where both recreational and medicinal use of marijuana is legal, it is important to understand the legal implications of driving under the influence. Today, we will examine whether driving while high on marijuana is the same offense as driving drunk in Illinois. If you are facing charges related to drunk or drugged driving, contact an experienced criminal defense attorney to get the legal assistance you need.

Legal Framework

In Illinois, driving under the influence (DUI) is a severe offense that encompasses both alcohol and drug impairment. However, the legal standards for marijuana DUI differ from those for alcohol-related DUI. The primary distinction lies in the testing methods and threshold levels for impairment.

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What Constitutes a Home Invasion in Illinois?

 Posted on July 21,2023 in Criminal Law

IL defense alwyerFrom a criminal defense standpoint, understanding the intricacies of home invasion laws in Illinois is instrumental in defending individuals accused of this very serious offense. Home invasion charges can have severe consequences, making it crucial for defense attorneys to navigate the legal terrain and present a robust case on behalf of their clients. Today, we will examine what constitutes a home invasion in Illinois, highlighting essential elements and defense strategies to consider.

Contesting Certain Elements of Home Invasion Charges

Illinois law requires that the prosecution prove specific elements beyond a reasonable doubt to establish a home invasion charge. These elements typically include:

  • Entry without authorization – The defense may challenge the prosecution’s claim that the entry was unauthorized. This could involve highlighting possible consent from the homeowner or individuals with authority over the dwelling. Demonstrating that the accused reasonably believed they had lawful authority to enter may be a viable defense strategy.

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