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Recent Blog Posts
What Happens in DUI Cases for Drivers Under 21?
In many cases, you would expect the law to be more lenient with younger people and teenagers, and that is often true. However, a charge of driving under the influence when the driver is younger than 21 in Illinois can come with surprisingly harsh penalties, precisely because authorities want to discourage unsafe driving practices. A skilled Arlington Heights, IL DUI defense attorney will advocate on your behalf in front of a judge and prosecutor, negotiating to have your conviction reduced or dropped.
The Zero Tolerance Law in Illinois
In DUI cases, most drivers have to blow at or above .08% BAC (blood alcohol content) into a breathalyzer to be charged, but not when the driver is under 21. If you are below the legal drinking age and a breathalyzer test finds any traces of alcohol in your system, you face immediate penalties in accordance with the state’s Zero Tolerance law.
Should I Submit to Court Supervision in a DUI?
Being charged with driving under the influence (DUI) is serious, and if you are convicted, you can face harsh repercussions, including potential jail time, high fines, and license suspension. One possible strategy for defending against this charge is to request court supervision, which offers an alternative to a conviction and a permanent criminal record. However, there is no guarantee that the judge will award you court supervision, and in some cases, it may not be your best option. An Illinois criminal defense lawyer can help you understand your options as you navigate DUI charges.
What is Court Supervision?
An order of court supervision is an alternative to a guilty verdict for various minor traffic violations, such as reckless driving or speeding. Accepting court supervision means you are promising the court that you will not incur any further traffic violations for a period of time, essentially demonstrating good behavior for a certain number of months. If you complete your period of court supervision without any infractions, the original charge against you will be dropped. A court supervision order is still public record, but much less easily accessible than a criminal conviction.
When Is It a Good Idea to Take a Plea Deal?
Facing criminal charges can be scary and intimidating, and many people wonder if they should consider a plea deal. In Illinois, prosecutors often offer plea deals as a way to resolve cases without going to trial. However, deciding whether to accept a plea deal can have serious consequences, and making the best choice depends on the specific circumstances of the case. For drug-related charges especially, such as drug manufacturing or possession, having an experienced Illinois criminal defense attorney can help negotiate favorable terms — or advise when a trial may be a better option.
Why Do Prosecutors Offer Plea Deals?
Prosecutors are motivated to offer plea deals for many reasons. Most often, they want to streamline the criminal justice process by resolving cases faster and more easily. Plea deals can reduce the need for long trials, save resources, and allow both sides to avoid the uncertainty of a trial verdict. In drug manufacturing and possession cases, prosecutors may be more likely to offer plea deals for reasons such as:
Can the Police Search Your Car During a DUI Arrest?
If you are pulled over and arrested for driving under the influence (DUI) in Illinois, you may be wondering whether the police have the right to search your car. Understanding your rights during a DUI arrest is important, especially when it comes to vehicle searches. Having the best Illinois criminal defense attorney on your side is essential for getting the best outcome, and the Scott F. Anderson, Attorney at Law is here to help.
DUI Penalties in Illinois
Driving under the influence is a serious offense in Illinois, with strict penalties for those convicted. A first-time DUI conviction can result in:
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A suspended driver’s license for up to one year
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Fines up to $2,500
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Up to 365 days in jail
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Court-ordered community service
Penalties increase with subsequent DUI offenses, with second and third offenses carrying longer license suspensions, higher fines, mandatory jail time, and potentially longer-term impacts on your criminal record. While the consequences for DUI are harsh, it is important to note that other legal problems can come up during the arrest, including a vehicle search and any evidence police find in a car.
The Most Serious Traffic Violations in Illinois
Traffic violations can range from minor infractions, like rolling through a stop sign, to serious offenses that carry heavy penalties. In Illinois, particularly in places like Rolling Meadows, some traffic violations are treated as criminal offenses.
These serious violations can lead to hefty fines, license suspension, and even jail time. If you are facing charges for a major traffic violation, understanding the laws and penalties can help you take the right steps to defend yourself, and our Illinois traffic ticket defense attorney can help.
DUI (Driving Under the Influence)
One of the most serious traffic violations in Illinois is driving under the influence of alcohol or drugs. Under Illinois law, a driver is considered to be under the influence if their blood alcohol concentration (BAC) is 0.08 percent or higher. If convicted, the penalties for a DUI can include:
Can I Get a DUI if Someone Reports Me for Drunk Driving?
Yes, if someone calls the police to report you for drunk driving, you can get charged with a DUI. When a report is made, law enforcement may come to investigate, and if they find you driving under the influence, you could be arrested and charged.
Even if you have already arrived home, police officers can use witness statements, video evidence, or even your own actions as evidence against you. It is essential to understand that once a report is made, the police have a duty to investigate, and if they find enough evidence, they will pursue a DUI charge. If you find yourself in this situation, it is important to speak with an experienced Arlington Heights, IL DUI attorney who knows how prosecutors think and can build a strong defense for you.
What Happens When Someone Calls the Police Suspecting a DUI?
When someone calls the police to report suspected drunk driving, officers are usually dispatched to investigate the report immediately. The police will look for the vehicle in question and will try to observe any signs of impaired driving, such as swerving, speeding, or erratic behavior.
How Does Illinois Define Consent for Sexual Offense Cases?
Consent plays a central role in many sexual offense cases and is often the key difference between an intimate encounter and a sex crime. In criminal defense, proving there was consent can lead to the dismissal of sex offense charges such as rape, sexual abuse, sexual battery, or sexual assault.
But how does Illinois law define consent? In this article, we will explore what is considered consent in the State of Illinois and when it becomes the determining factor between a lawful sexual encounter and a sex crime. If you or someone you know has been accused of a sexual offense, contact an Illinois criminal defense attorney right away to begin building your defense.
How Does Illinois Define Sexual Consent?
Illinois law defines consent as a "freely given agreement" to a sex act or to sexual conduct. This means that an absence of resistance is not good enough to count as consent. If a participant in a sex act does not physically resist or refuse, for example, it is not a sufficient defense against a rape or sexual assault charge. For an act to be considered consensual, both parties must give their agreement independently and without having been coerced, threatened, forced, or intimidated.
How Does Illegal Search and Seizure Affect a Drug Charge?
The Fourth Amendment to the U.S. Constitution guarantees protection for Americans against "unlawful search and seizures" by the government. It is because of this amendment that law enforcement is often required to obtain a warrant before searching someone’s home, car, or personal effects.
By law, evidence obtained through an illegal search and seizure is not admissible in court. There are exceptions to this rule, but a Four Amendment defense can lead to charges being reduced or dismissed. Challenging the legality of a police officer’s method of obtaining evidence has been a strong defense against murder charges, drug charges, DUI charges, assault charges, and more.
In this article, we will explore what illegal search and seizure is, how it can affect a drug charge, and how to contact an Illinois criminal defense attorney to start building your defense.
What Are the Defenses Against a Speeding Violation?
Speeding is one of the most common traffic violations, with around 21 million drivers caught speeding each year. Many are punished with fines, points on their licenses, or even jail time. In Illinois, speeding violations range from misdemeanors to felonies and the penalties vary depending on the severity of the charge.
Many people who are issued speeding tickets simply pay the fine and move on. Towns and cities bank on this and view ticketing as another source of revenue. If you are charged with a speeding violation, you do not have to simply accept the charge and penalties. Hire an aggressive Illinois criminal defense attorney to protect your rights.
What Are the Penalties for Speeding in Illinois?
The penalties for speeding in Illinois largely depend on how fast you drive. For example:
- If you are caught driving up to 25 miles per hour over the speed limit, it is considered petty speeding. Fines for petty speeding average in the $150 range and a driver may receive between 5 and 20 traffic violation points.
When Can I Claim Self-Defense in Illinois?
Self-defense is one of the most well-known pleas against violent criminal charges. People who have been charged with violent crimes such as assault or murder have been acquitted because they were able to show the court that they were trying to protect themselves or someone else.
Laws concerning self-defense are nuanced and can sometimes be complex. Some states have stand-your-ground laws, which allow individuals who are threatened with physical violence to defend themselves with deadly force in certain cases. Other states have duty-to-retreat laws, which require a person who is violently threatened to exhaust all other options before responding with deadly force.
This article will explore self-defense laws in Illinois, including the duty to retreat and the Castle Doctrine. It is important to note that a legal defense is most effective when crafted by an experienced Illinois self-defense attorney.
CALL US TODAY AT 847-253-3400 FOR A FREE INITIAL CONSULTATION
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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