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Recent Blog Posts
How Do Cannabis DUIs Work in Illinois?
While cannabis is legal for adults over the age of 21 years old to possess and use in Illinois, it is not legal to drive while you are under the influence of THC. Some recent studies reported by the National Institutes of Health have found that cannabis use is not associated with an increased risk of causing a car accident. Anecdotally, you have likely heard others argue that they are, in fact, better drivers after consuming THC products. However, a large number of traffic accidents are attributed at least partially to cannabis impairment and it remains illegal to drive on a public roadway while you are under the influence. If you have been charged with a DUI because you tested positive for THC, you need a knowledgeable Arlington Heights, IL drug DUI lawyer by your side. Drug DUIs and the technology used to detect them are always changing, so it is important to have an attorney who stays up to date on DUI law and chemical testing technology.
Do I Need an Attorney For a Traffic Violation?
Sometimes, getting a traffic ticket is just an annoyance. If you have never had a ticket before, or it has been a very long time since the last time you were ticketed, you might not need to be too concerned about a simple speeding ticket or cell phone use violation. However, if you have had several tickets in the past five years, your driving privileges might be at risk. Too many violations can lead to a loss of license and increased insurance premiums when you can start driving again. More costly violations, such as speeding in a school zone, might also be worth fighting back against with the help of an Arlington Heights, IL traffic violations attorney. An attorney can help you understand what impact your ticket might have and whether contesting the ticket is best for you.
Repeated Traffic Violations and Your Driver’s License
Like many states, Illinois assigns points to your driver’s license each time you are cited. More points are assessed for more serious traffic offenses. For example, a ticket for running a red light would result in more points on your license than a ticket for a nonworking headlight. If you get too many points, your license can be suspended. If you have two or more tickets from the last five years, you may be very close to reaching that limit and losing your driver's license.
Students Who Commit Sexual Violence at School to Be Expelled
A new bill (Senate Bill 0098) recently introduced by Illinois lawmakers adds another layer of protection against sexual assault on school grounds. Under this bill, there would be a one-year expulsion policy for any student who commits sexual violence against another student at school or at a school-related activity.
While there are already laws in place that will expel a student for taking a weapon – including brass knuckles – to school, sexual assault has, to this point, been excluded. Those in favor of the new law say this is a school safety issue and will protect all students. Several other states, including California and Michigan, already have similar laws, although they each take sexual abuse incidents on a case-by-case basis.
How to Avoid Order of Protection Violations
Violating an order of protection is a criminal offense. If you are subject to an order of protection, you must carefully abide by the restrictions listed in the order. It is very important to take the time to read through the entire order of protection so that you know what is expected of you. This means avoiding places where you know you are likely to encounter the protected party and avoiding any attempts at communicating with him or her. An experienced Arlington Heights, IL domestic violence attorney can provide specific guidance to help you avoid violating your order of protection or the conditions of your pretrial release if you are also facing criminal charges. Violating the court’s orders while you are out on bond after a domestic violence arrest can make defending your case significantly more difficult.
What Restrictions Does Illinois Place on Child Sex Offenders?
Becoming a sex offender can change everything about your life. You will face restrictions on where you can live, where you can go, and who you can be around. Issues with housing and employment are to be expected. Many find that the social scorn that comes with being a registered sex offender has the biggest impact on their daily life. If you have been accused of a sex crime, you need a highly experienced Arlington Heights, IL sexual offenses attorney to fight for you. An accusation is not a conviction, and there is a lot an attorney can do to help you. It is best to reach out to an attorney as soon as you are aware that you are suspected of or have been accused of any sex crime, even if you have not been arrested yet.
Child Sex Offenders Must Avoid Places Where Children Congregate
In Illinois, child sex offenders cannot live near a school, daycare facility, park, or other places that are designed for people under 18 years old to congregate. This can make it challenging for a sex offender to find housing in more condensed urban areas.
Can Employers Discriminate Based on a Criminal Record?
As a general rule, Illinois employers cannot discriminate against current or prospective employees simply because an employee has a conviction record. However, an employer can take adverse action against an employee or applicant if the worker’s conviction is substantially related to his job duties or if a particular conviction legally disqualifies him from working in certain positions. People with criminal convictions who are able to maintain gainful employment have a much lower chance of being re-arrested than people who are unable to find work. Illinois’s law seeks to balance the need for people with past convictions to work with the need to keep workplaces safe.
If you are facing criminal charges, you need an experienced Rolling Meadows, IL criminal defense attorney on your side. An attorney may be able to have your charges reduced or dismissed so that they will have even less of an impact on your employment prospects.
Family Fights and Domestic Violence Charges
When you hear the term "domestic violence," you probably think of intimate partner violence. Domestic violence is commonly used to mean violence between two people who are in a romantic relationship. However, under Illinois criminal law, domestic violence can refer to violence between any two people who have a domestic relationship of any kind. This includes people who have a family relationship, such as parents and children, siblings, or cousins. It also includes people you are related to by marriage - your in-laws. Most families experience conflict sometimes. Occasionally, family conflict can reach a boiling point and turn physical. This is especially common during the holidays when family members who are normally able to avoid each other are brought together. If you were arrested for domestic violence after fighting with a family member, you need an experienced Arlington Heights, IL criminal defense lawyer.
What is the Most Common Outcome of a DUI Conviction?
Driving under the influence (DUI) is a serious offense in Illinois. A DUI conviction can lead to serious consequences, although each case is different and your outcome will depend on several factors.
Understanding the most common outcomes of a DUI conviction can help you prepare and make smart decisions if you are facing charges, and an Illinois DUI defense attorney can help.
First-Time DUI Convictions
For most people, a first-time DUI is a misdemeanor offense. A misdemeanor is a less serious crime compared to a felony, but it still carries penalties that can affect your life in important ways.
If convicted of a basic first DUI in Illinois, you may be required to pay a fine of up to $2,500 and your driver’s license may be suspended for up to one year. However, you may qualify for a Monitoring Device Driving Permit (MDDP), which allows you to drive with a breath alcohol ignition interlock device (BAIID). This device tests your breath for alcohol before your car can physically start.
Will I Go to Jail for a Home Invasion Conviction?
Home invasion is one of the most serious criminal charges in Illinois, carrying severe penalties, including mandatory prison sentences. If you have been charged with home invasion, you need to understand what you are up against and get the help of an aggressive Illinois criminal defense attorney who can help you fight the charges.
What Exactly is Home Invasion in Illinois?
According to Illinois law, home invasion is when someone unlawfully enters or remains in another person’s home while knowing, or having reason to know, that someone is there. To be considered a home invasion, the suspect must do certain things during the invasion, such as using or threatening force, causing injury, or being armed with a dangerous weapon.
Home invasion is not the same as burglary. While burglary involves entering a property with the intent to commit theft or another felony, home invasion focuses on actions that directly endanger the safety of people inside the home. That is why home invasion is classified as a violent crime and carries harsher penalties than burglary.
How is Reckless Homicide Punished in Illinois?
Reckless homicide is a serious criminal offense in Illinois. It occurs when someone unintentionally causes the death of another person by acting in a risky, careless manner. Unlike intentional crimes like murder, reckless homicide does not require a specific intent to kill. Instead, it involves behavior that shows a disregard for the risk of causing serious harm or death. An Illinois criminal defense attorney is the best person to talk to if you are worried you may be facing a reckless homicide charge.
What is Reckless Homicide in Illinois?
In Illinois, reckless homicide is defined as unintentionally causing another person's death through actions that demonstrate a conscious disregard for the safety of others. This often involves extreme negligence or risky behavior that a reasonable person would recognize as dangerous. Common scenarios leading to reckless homicide charges include driving under the influence (DUI) of drugs or alcohol, excessive speeding or engaging in reckless driving, and negligently operating machinery, vehicles, or firearms.
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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.
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