|
|
|
Recent Blog Posts
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.
What is Jail Like?
For many, the thought of going to jail is intimidating and uncertain. While no one plans to end up behind bars, understanding what life in jail is like can help clear up some of the uncertainty and highlight why avoiding jail whenever possible is so important. From the daily routines to the challenges of being in such a small space for a long time, jail is a difficult environment. However, with the help of a skilled Illinois criminal defense attorney, you can explore legal options to minimize or avoid jail time altogether.
What Is a Day in Jail Like?
A typical day in an Illinois jail follows a structured routine that leaves little room for personal freedom.
-
Morning: Inmates are usually woken up early, often between 5:00 and 6:00 a.m., to begin their day. Breakfast is served, typically a simple meal like cereal or toast.
Dos and Don’ts of Fighting a Criminal Charge in Illinois
If you have been formally accused of a crime in Illinois, it might feel like your world is falling apart. You could have serious worries about your future and the impact on your family, your employment, and your financial situation. But when this happens and you feel powerless, that is precisely when your actions matter the most.
The steps you take after a criminal charge can be a deciding factor in a sentence. After an arrest or criminal charge, you should contact an Arlington Heights, IL criminal defense attorney who can represent your best interests and protect your rights.
DO: Exercise Your Fifth Amendment Rights
At a traffic stop, a police officer may decide to take you into custody regardless of your guilt or innocence. The Miranda warning will be read to you by the arresting officer, and it is in your best interests to invoke the rights that are included in it. Any information you volunteer to the officer during an arrest provides ammunition for the prosecution, so you should remain calm and more importantly, silent.
How Serious is a Carjacking Charge in Illinois?
Carjacking is a violent crime that comes with serious penalties on a conviction. With multiple sources reporting that carjackings are on the rise, you may be curious to know how the state of Illinois litigates these crimes.
If you have been accused of carjacking or another violent crime in Arlington Heights, a skilled criminal defense lawyer can provide counsel and represent you in court, making a compelling case to have the charges against you reduced or dropped. The attorney at Scott F. Anderson, Attorney at Law has over two decades of experience in criminal law, and he knows what defendants are up against in court.
Carjacking and Vehicle Theft
The difference between vehicle theft and carjacking is force, whether threatening to hurt someone or actually following through. Theft of a motor vehicle is covered under Illinois’s general theft statute and is prosecuted based on the monetary value of the vehicle. The charges for vehicle theft could escalate if the victim was deceived.
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:
-
A suspended driver’s license for up to one year
-
Fines up to $2,500
-
Up to 365 days in jail
-
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:
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
847-253-3400
