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Falsely Accused and Arrested for a DUI in Illinois: What to Do and How to Protect Your Rights

 Posted on April 27,2023 in DUI

IL DUI defense lawyerIf you have been falsely accused of a DUI, it is important to take action to protect your rights and seek legal help as soon as possible. This blog post will discuss the reasons for false DUI accusations, the procedures to safeguard your rights and request a dismissal of charges, and the importance of working with a knowledgeable and experienced DUI defense attorney.

Reasons for False DUI Accusations in Illinois

False DUI accusations in Illinois can happen for various reasons, such as inaccurate results of a breathalyzer or field sobriety, police misconduct or bias, and mistaken identity. Regardless of the reason for the false accusation, the consequences of a DUI conviction can be severe, including fines, jail time, and a permanent criminal record.

Steps to Protect Your Rights and Seek a Dismissal of Charges

If you have been unjustly accused and taken into custody for a DUI in Illinois, it is essential to take immediate steps to safeguard your rights and pursue a dismissal of charges. These steps may include remaining calm and cooperative during the arrest, asserting your right to remain silent and to an attorney, and collecting evidence to support your innocence.

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Getting Back on the Road: How to Reinstate Your Driver’s License in Illinois

 Posted on April 21,2023 in Driver's License Reinstatement

IL defense lawyerIf your license has been suspended in Illinois, it is vital to comprehend the laws and regulations surrounding this matter. We will discuss the motives behind driver’s license suspension in Illinois, requirements for reinstatement proceedings, and steps you need to take towards potentially regaining your right to drive.

Reasons for Driver’s License Suspension in Illinois

The ramifications of driving with a suspended license can be serious in Illinois. You may be charged hefty fines and even face jail time or further suspension periods if found guilty. Additionally, it is essential to understand why your driver’s license was revoked to take immediate action for its reinstatement; this could have resulted from DUI violations, traffic offenses, or unpaid financial penalties.

Requirements for Driver’s License Reinstatement in Illinois

To receive your driver’s license back in Illinois, you must take the following steps: submit proof of financial security before reinstatement, pay an application fee and a reinstatement fee, and finally pass the necessary exams (written test, vision exam, as well as driving).

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Steps to Fight an Illinois Speeding Ticket

 Posted on April 14,2023 in Traffic Violations

IL ticket lawyerIf you have received a speeding ticket in Illinois but know you were not driving over the speed limit, you have the right to contest the ticket. You are responsible for proving your innocence in this situation, and you should be aware of how to do so. Defending yourself can be challenging, but with the help of an experienced Illinois lawyer, you can increase your chances of success.

Gathering Evidence to Support Your Case

To fight a speeding ticket you did not deserve, you need to gather evidence that supports your case. This may include photos or videos of the road or traffic conditions, GPS data, or witness statements. An experienced Illinois lawyer can help you gather this evidence and determine the most relevant and useful evidence for your case.

Challenging the Ticket in Court

If you are contesting a speeding ticket that was undeservedly given to you, it is essential that you display respect and truthfulness in the courtroom. Your attorney can assist with court preparation by providing advice and guidance throughout this necessary process.

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How Do I Know if My Rights Were Violated When I Got Pulled Over for DUI?

 Posted on April 07,2023 in Criminal Law

IL defense lawyerIf you were pulled over for DUI in Illinois, it is crucial to know your rights and how to recognize if they were violated during the stop. This blog post will provide an overview of your constitutional rights during a DUI stop and how to recognize if those rights were violated, as well as what to do if you believe they were.

Understanding Your Rights During a DUI Stop

When you are stopped for DUI in Illinois, you have some constitutional rights that stop you from unreasonable searches and seizures. The Fourth Amendment of the United States Constitution guarantees the right to be free from unreasonable searches and seizures, which means that law enforcement officers must have a legitimate reason for stopping you, and must follow specific procedures when searching your person or vehicle.

During a DUI stop, it’s important to remain respectful to the officer, but you should also be aware of your rights.

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Is Having Drug Paraphernalia the Same as Being Caught with Drugs?

 Posted on March 24,2023 in Drug Crimes

IL defense lawyerYou are probably aware that in Illinois it is against the law to possess illegal drugs such as cocaine or heroin. But did you know that even without the presence of uncontrolled substances, you could find yourself facing drug charges? If you are arrested for possession of drug paraphernalia you could have a legal battle ahead. At Scott F. Anderson, Attorney at Law, we have worked with many people in similar situations and are here to help you navigate through this stressful situation.

What Items Could be Labeled Drug Paraphernalia?

Under the Drug Paraphernalia Control Act, drug paraphernalia includes items that are designed to among other things, consume, package, or store illegal drugs. Here are some examples of drug paraphernalia:

  • Bongs or water pipes
  • Syringes
  • Scales to weigh drug amounts
  • Small plastic bags
  • Sifters used to prepare the drugs

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Under Age Drinking is Not Tolerated under Illinois Law

 Posted on March 16,2023 in Criminal Law

IL defense lawyerAs a parent, you only want the best for your child. But when they make decisions that are against the law, it is natural to be upset and disappointed, especially if they find ways to get their hands on alcohol or worse yet, drink and drive. You need an experienced criminal defense attorney to help you protect your child’s future if they are facing DUI charges.

Using a Fake ID

Teens can be very resourceful and they can easily figure out a way to get a fake identification, to gain access to alcohol. But if a teen is caught using someone else’s ID or a fake ID, they could be charged with a Class A misdemeanor and face one year in jail and up to $2,500 in fines. If they possess or attempt to use a fake ID it is considered a Class 4 felony, which has a possible sentence of one to three years in prison and up to $25,000 in fines. If they get behind the wheel of a car after consuming alcohol the consequences are more serious. A conviction of any crime involving a fake ID can lead to a suspension or revocation of their driver’s license.

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Defense Strategies For Sex Crimes

 Posted on March 10,2023 in Criminal Law

IL defense lawyerBeing charged with a sex crime can have life-changing consequences. It can destroy your family, career, and reputation. In Illinois, if there is a conviction you could spend years in prison and be required to register as a sex offender. It is important to have an experienced attorney to help you build a robust defense to fight sex crime charges. Attorney Scott Anderson is a former prosecutor and he knows how to stay one step ahead of the other side.

Silence

If you have been accused of a sex crime, silence is the best course to protect yourself. Do not answer police questions especially if they coerce you into talking. It is simply a tactic to attain information. Under the Fifth Amendment of the U.S. Constitution, you have the right to avoid answering questions that may be self-incriminatory. The best way to do this is to say nothing and simply request to see your attorney.

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Pregnant Women and Domestic Violence: Understanding Potential Charges

 Posted on March 04,2023 in Domestic Violence & Orders of Protection

IL defense lawyerDomestic violence is prevalent in the United States even though government officials, police, and community groups have tried to fight this problem. Many women continue to experience rape and physical injury by their intimate partners. Nationwide, about one in four women face domestic abuse. What is so alarming according to a new study is that 68 percent of pregnant women are killed with a firearm used by their partner. Depending on the circumstances of each case, in Illinois, domestic violence is a crime that can be considered a felony. If you are facing charges of domestic violence, you need the expertise of a criminal defense attorney.

Alarming Statistics

Unfortunately, domestic violence is often fatal and it is most likely among women who are pregnant or those who have just given birth. Researchers found that between 2009 and 2019, black women faced a higher risk of being killed compared to other groups. The new findings also suggest that laws that restrict a woman’s access to abortion increase the risk of death among pregnant women.

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What is an Aggravated DUI in Illinois?

 Posted on February 27,2023 in Criminal Law

arlington heights felony dui lawyerAn aggravated felony DUI in the state of Illinois is a very serious matter. It is a drunk driving accusation that results in felony charges. Depending on the circumstances of the DUI, even a first-time aggravated DUI conviction could lead to severe criminal penalties. The consequences can range from mandatory jail time to hefty fines. If you are facing charges of aggravated DUI it is in your best interest to work with a DUI criminal defense attorney.

Aggravating Factors in a DUI Case 

The following situations are some examples of what constitutes aggravated DUI under Illinois drunk driving laws:

  • Driving a school bus while intoxicated with children under the age of 18.

  • Being under the influence and causing an accident resulting in great bodily injury to someone else, including disfigurement or permanent disability.

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Understanding the Professional and Personal Consequences of a Criminal Conviction

 Posted on February 17,2023 in Criminal Law

arlington heights criminal defense lawyerEvery day, people are arrested and charged with criminal acts. Depending on what type of crime you are charged with allegedly committing, your biggest worry may not even be the legal consequences you will face if you are convicted of the crime. For some people, their greatest fear is how being charged with a crime may disrupt or irrevocably alter their personal and professional lives. Beyond the punishment handed down by the court, the collateral consequences of a criminal conviction can impact many aspects of an individual’s life. Today, we will examine how being charged with a crime can dramatically alter your life, from affecting your ability to get a job, to housing, educational opportunities, and more. 

The first step in fighting a criminal charge is to hire an attorney. If you have been charged with a crime, consider contacting an experienced criminal defense attorney to understand your rights and best legal options. 

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