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Recent Blog Posts
Do I Have a Criminal Record if I Was Arrested and Charged but Not Convicted?
Being arrested and put in the back of a police car can be an overwhelming and confusing experience. Many people in this situation are unsure of what to expect after an arrest. They are unfamiliar with the bond hearing process or what it means to be formally “charged” with a crime. Likewise, many people charged with a crime do not understand the long-term consequences of the charge. If the charges are eventually dismissed or they are found “not guilty”, they assume that there is no record of the charges.
Unfortunately, being arrested or charged with a crime can still be recorded on a person’s public criminal record even if he or she is ultimately acquitted of the charges.
Criminal Records in Illinois
Not every arrest leads to formal criminal charges. Sometimes, the prosecution does not have enough evidence to actually charge someone with a crime. The suspect is released from police custody and free to go about living his or her life. It is also possible to be charged with a crime only for the prosecution to drop the charges or dismiss the case. Individuals in these types of situations are usually unaware that the arrest or criminal charges are documented on their criminal record. Fortunately, there is a way to erase or “expunge” your criminal record.
How Can a Monitoring Device Driving Permit Benefit Me After a DUI?
Everyone knows that drunk driving is against the law. What many people do not realize, is that you may face administrative consequences for a drunk driving arrest even if you are not convicted of driving under the influence (DUI).
In Illinois, failing a chemical blood alcohol content (BAC) test such as a breathalyzer or refusing to take a BAC test is punishable by a driver’s license suspension. Once your license is suspended, it is illegal to drive any motor vehicle. Fortunately, you may be able to regain your driving privileges by obtaining a Monitoring Device Driving Permit.
An MDDP May Give You Your Driving Rights Back
If you are pulled over and police suspect you of driving while intoxicated, they may ask you to blow into a breath-testing device often referred to as a breathalyzer. If the test shows 0.08 percent BAC or higher, you are considered intoxicated. You may be arrested and charged with DUI. Failing a breath test is penalized by a six-month driver’s license suspension if the driver does not have any other DUI offenses in the previous five years. Refusing to submit to a breath test is punishable by a one-year driver’s license suspension. If you get an MDDP, you may be able to drive legally before the suspension period is over.
3 Defense Strategies for Individuals Accused of Drug Crimes in Illinois
Whether the charges are for drug possession, drug manufacturing, or drug distribution, being accused of a drug crime can dramatically alter your life. Depending on the type of substance and the amount of the substances allegedly in your possession, drug crimes can lead to profound consequences, including years behind bars.
If you or a loved one were arrested for a drug-related offense, contact a skilled criminal defense lawyer right away. Do not answer any questions from police and remain silent. Your lawyer will ensure your rights are not violated and help you form a strong defense strategy.
Drugs Were Discovered During an Illegal Search and Seizure
Police and other government officials are bound by the U.S. Constitution and other laws. They cannot search your home or property without just cause. To search a residence, police typically need a search warrant signed by a judge. Vehicle searches do not require a search warrant, however police do need probable cause to search a car, truck, or other vehicle without your consent. This means that the police must have a reasonable belief that a crime has taken place or there is illegal contraband in the vehicle. If a police search is deemed unlawful, any evidence obtained in the search may be inadmissible during court. So, if police did not have a valid reason to search your property, any drugs or paraphernalia they found will not be usable in the prosecution’s case against you.
How DUI Charges Change With Minor Involvement in Illinois
Driving under the influence or DUI is a serious crime. It is illegal to operate a car, motorcycle, or another motorized vehicle after consuming a certain amount of alcohol or using illicit drugs. DUI consequences increase if they are second, third, or subsequent offenses. However, different underlying factors can increase a DUI sentence regardless of a driver’s criminal history.
Understanding Underlying Factors
With all crimes, underlying factors or exceptional circumstances can exacerbate the degree of the crime, leading to a longer, more severe sentence. For example, if you steal a shirt from a store, you may be facing misdemeanor shoplifting charges. However, if you stole that same shirt from the same store but were armed, you could face aggravated theft charges. The same is true for DUI charges. Some common aggravating factors that could increase a DUI sentence include:
Can I Refuse a DUI Test During a Traffic Stop in Illinois?
Driving under the influence of drugs or alcohol comes with strict legal penalties and potentially life-changing consequences. A driver may have to pay hefty fines, serve jail time, or lose their driver's license if charged with a DUI. After being pulled over for suspected drunk driving, drivers may be reluctant to take a DUI breathalyzer test. However, is it illegal to refuse a DUI test during a traffic stop? Below, Illinois law indicates whether or not refusing a breath test during a traffic stop is legal and whether or not it is in the driver's best interest.
Is it Illegal to Refuse a DUI Test?
Is it illegal to refuse a DUI breath test at a traffic stop? The short answer is no — it is not unlawful. However, the law is slightly complicated. The state of Illinois assumes that all drivers who are actively driving under Illinois law give their consent to follow traffic rules. This means drivers inherently consent to be tested for a DUI if an officer has probable cause to pull over their vehicle. However, this does not mean that a police officer is permitted to force a driver to be tested. A driver still has the right to revoke their consent to be breathalyzed after a traffic stop and at the police station. Drivers also have the right to refuse field sobriety tests.
Is Jaywalking Illegal in Chicago?
The state of Illinois is home to one of the most famous cities globally — Chicago. This vibrant city is full of exciting monuments to tour, high-rise buildings for business seminars, and gorgeous parks filled with acres of green space. Before you get too eager to roam the streets of Chicago, it is essential to remember all of the pedestrians and driving laws that are enforced throughout the city.
What is Jaywalking?
Pedestrians, like drivers, must obey the laws of the road when exploring a city on foot. This means that walking on a busy street, running into merging traffic, or crossing a road with no crosswalk may be against the law. Jaywalking is a term primarily used in the United States that refers to pedestrians crossing the street in prohibited areas. Jaywalking comes in many shapes and sizes and can look like:
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Running across a road with no crosswalk when traffic slows
Will I Get in Trouble for Calling 911 While Underage Drinking in Illinois?
Underage drinking is an offense taken very seriously in the state of Illinois. The state has set a no-tolerance policy that prohibits minors under the age of 21 from consuming alcohol to keep minors and the public safe. Underage drinking has many dangerous implications including damage to a minor's growth and mental health. It can lead to drinking and driving, DUIs, serious injury or death. Most underage drinking charges are considered misdemeanors and lead to fines, and even jail time. Minors who call 911 seeking medical or police assistance while under the influence will receive immunity from legal consequences.
Understanding Immunity
Under regular legal processes, consuming or purchasing alcohol as a minor under the age of 21 years old is a misdemeanor. This charge can lead to fines up to $500, license suspension for up to six months, or even jail time. If a minor is found drinking and driving with a blood alcohol concentration (BAC) above 0.00, that minor can be charged with a DUI. The exception to this rule is minors acting in good faith. According to Illinois law, minors acting in good faith are those that willingly admit to consuming alcohol underage to request medical or police assistance.
How to Build a Self-Defense Case For Murder Accusal in Chicago
Murder is commonly seen as the worst crime an individual can commit. The act of ending another person’s life is punishable by a lengthy prison sentence and other harsh penalties. Although rare, some unfortunate situations occur in individuals' lives that legally warrant killing another person. In the state of Illinois, the use of deadly force on another person may be justified if the person was directly threatening the defendant's life.
Understanding Illinois Murder Charges
Similar to other criminal charges, murder is calculated, charged, and sentenced by degree. The degree of the murder charge is based on a few factors, including the situation of the crime and the intent of both parties involved. Murder is charged in Illinois on two different counts:
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First-Degree Murder — First-degree murder involves killing someone with the intent to kill or cause great bodily harm. This is the most serious homicide charge in Illinois. The consequences of a first-degree murder conviction include a minimum of 20 years in prison. Probation or early release is not permitted for this type of crime. The state of Illinois does not have the death penalty.
Can I Sell Marijuana in Illinois if it Was Legally Obtained?
In an effort to allow police officers more time and resources to combat violent crimes, the state of Illinois legalized the use of marijuana on January 1, 2020. The state saw it as beneficial to allocate the money and public space used to enforce marijuana laws to rehabilitation and substance abuse and treatment centers. Although recreational marijuana is legal in Illinois, there are still regulations throughout the state to ensure that Illinois citizens are safe. Breaking any of the outlined rules for legalized marijuana, including illegally distributing marijuana, may still result in legal consequences.
Can I Sell Marijuana?
Can you sell marijuana in Illinois? The short answer is no. Illinois citizens without a state-issued license may not distribute marijuana to others. In order to sell marijuana, Illinois requires an entity (usually a business) to obtain a license and open a dispensary. The application fee to open a dispensary costs $30,000. There is also another $100,000 charge to the state for the cannabis business development fund. If you are a citizen in Illinois without a license to grow and distribute marijuana, you can be charged with a misdemeanor or felony for illegally distributing marijuana.
Do Expunged Records Come Up in a Background Check?
People make mistakes every day — it is human nature. Legal mistakes, however, can follow you for the rest of your life and affect the way you interact with the world. Depending on the nature of the crime that was committed and the age of the offender, some people with a criminal record may be eligible to expunge or seal their criminal records. This process removes or conceals any wrongdoings, but there are some cases where an old record can still be reached.
How Do I Conceal or Expunge My Record?
Many people who have committed a crime wish to remove the crime off of their record in an effort to distance themselves from a past mistake. If you are looking to remove a record, it is important to understand the difference between expunging a record and sealing a record. When a record is expunged, it is destroyed and your name is removed from public records and official files. If a record is sealed, it still exists, but it is not available to the general public. To determine if a criminal record can be sealed or expunged, a few factors have to be taken into consideration.
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.
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