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Recent Blog Posts
Defending Against an Illinois DUI Charge
Being charged with a DUI is an extremely serious situation that can result in severe consequences. In the state of Illinois, DUI is considered to be a major offense and most judges and law enforcement officers do not sympathize with those accused of driving while under the influence of alcohol or drugs. DUI offenders are often punished to the fullest extent of the law, especially when the offender has a history of DUI. Even if you are a first-time DUI offender, you could face jail time, fines, and a driver’s license suspension for a conviction, but a knowledgeable Illinois DUI defense lawyer can help.
Common DUI Defense Strategies
There are numerous ways an attorney can defend you against a DUI charge. Through an initial consultation and subsequent investigation, your lawyer can determine the best course of action. Here are a few common defense strategies:
What is Asset Forfeiture in Illinois?
There are many consequences that can come with breaking the law. Depending on the crime, you could face community service, probation, fines, restitution, and in some cases, jail time. Another consequence of certain crimes can be asset forfeiture, where the government takes your belongings if they believe they are connected to a crime. This can be problematic, especially if you are innocent of the charges you face.
Both the state and the federal government can seize assets if they believe they were acquired in illegal ways. According to the Illinois State Police and the U.S. Department of Justice, the state of Illinois has taken more than $319 million in assets from citizens since 2005, while the federal government has seized more than $404 million during the same period. If you are facing a seizure of your assets, it is important to have a criminal defense attorney by your side who will fight for you.
Illinois Domestic Battery Laws, Charges, and Penalties
While all assault and battery charges are serious, charges and punishments can become even harsher when the alleged assault and/or battery occurs between people in a domestic relationship. Being accused of domestic battery is extremely serious and can result in extensive jail time and expensive fines. It is also often used to leverage favorable decisions in child custody or other matters in contentious divorce proceedings.
Domestic Battery Laws in Illinois
The Illinois Penal Code states domestic battery occurs when a person knowingly and unlawfully causes bodily harm or makes physical contact of an insulting or provoking nature to a family or household member. It is important to note that the crime must be committed against a family or household member, or it cannot be considered domestic battery. According to the state of Illinois, family or household members include:
5 Tips for Success in Your Criminal Court Hearing
Appearing in court can feel like you are back in high school, everyone looking at you, scrutinizing your every move and word, and judging your appearance and behavior. Unlike in high school, where a misstep might make you a temporary laughingstock, one wrong move in the courtroom can leave you with a potentially devastating outcome.
When you are in court, the judge, the opposing attorney or prosecutor, and the jury are all judging your appearance and examining your behavior to determine your credibility. Here are a few tips to help you be at your best when you have a criminal court hearing:
1. Always Arrive Early
First impressions are everything. Nobody is going to take you seriously if you burst into the courtroom late. Sometimes a judge will not even permit you to attend your trial if you are late and it will have to be rescheduled. Make sure you leave your residence with plenty of time to arrive at least 15 minutes early.
What is the Difference Between Assault and Battery in Illinois?
We have all probably heard the phrase “assault and battery” at some point in our lives. This phrase is used so often that the terms assault and battery tend to be used interchangeably, even though they are different legal concepts that carry different consequences. In Illinois, there are also offenses such as aggravated assault and aggravated battery, which consist of different actions and typically carry more serious punishments.
If you face an assault or battery charge, understanding the offense and its penalties is the first step in building a solid defense with the help of a skilled criminal defense lawyer.
Assault Charges
Illinois law says a person commits assault when he or she knowingly engages in conduct that gives a person reason to fear bodily harm. Assault is a Class C misdemeanor in Illinois, which means you face up to 30 days in jail and $1,500 in fines.
Marijuana Use and DUI Charges in Illinois
Over the years, states and national organizations have focused on preventing people from drinking and driving. Multiple ad campaigns have been launched telling people “friends do not let friends drive drunk,” and “buzzed driving is drunk driving.” Still, alcohol is not the only intoxicating substance that DUI laws cover.
In the state of Illinois, citizens are not permitted to be under the influence of alcohol, drugs, or any combination of the two while they are in physical control of a motor vehicle. With the legalization of recreational marijuana in many states and the permittance of medical marijuana in a majority of states, driving under the influence of marijuana has become more prevalent.
Medical Marijuana in Illinois
Since 2014, Illinois residents have had access to medical marijuana as long as they have a written recommendation from a doctor and they obtain a medical marijuana ID card from the Illinois Department of Public Health. There are 41 ailments that qualify for a medical marijuana card, including cancer, HIV/AIDS, post-traumatic stress disorder (PTSD), and seizures. Medical marijuana cardholders are allowed to have up to 2.5 ounces of marijuana in the vehicle with them as long as the marijuana is in a sealed container. Even if marijuana is medically prescribed, you are not permitted to be under the influence of cannabis while you are operating a motor vehicle.
What is Considered Aggravated Speeding in Illinois?
Many people think speeding is not that big a deal. While certain speeding offenses are only charged as minor traffic violations, in some cases, speeding can become a significant misdemeanor offense. While other drivers may zoom by you on the expressway, maintaining a reasonable speed keeps you, your passengers, and other drivers safer.
In Illinois, when your speed reaches a certain number of miles per hour over the posted speed limit, it can be considered aggravated speeding, which is a serious crime in Illinois. If you face charges of aggravated speeding, it is important you understand the charges and their potential consequences.
Illinois Speeding Laws
Current Illinois speeding laws define aggravated speeding as going 26 mph or more over the posted speed limit. These charges are more serious than a regular speeding violation and can carry consequences that are more severe than a normal speeding ticket. Aggravated speeding charges are classified by how far over the speed limit you are driving.
Illinois Man Charged with Driving While Suspended for 12th Time
In the state of Illinois, DUI charges are taken very seriously. Prosecutors and law enforcement typically punish offenders to the fullest extent of the law due to the risk drunk drivers pose to the public. According to the National Highway Traffic Safety Administration (NHTSA), there were 10,874 deaths resulting from car crashes involving drivers with a blood-alcohol level of .08 or higher in 2017. This means 29 percent of all fatal traffic accidents were caused by drivers who were under the influence of alcohol.
Repeat offenders are punished even more harshly, which does not bode well for an Illinois man who is accused of committing his third DUI and his 12th offense of driving with a suspended driver’s license.
Joliet Man Faces Seven Felonies Related to DUI
According to Will County Circuit Court records, the 46-year-old man faces seven aggravated DUI charges. This is the man’s 12th driving with a suspended or revoked license offense and his third of driving under the influence of drugs or alcohol. Court records indicate he faces two charges for DUI; three charges for aggravated DUI being a third offense, with one of those charges stating his blood-alcohol content was over .16; three counts of aggravated DUI with a suspended driver’s license; one count of aggravated DUI with no valid driver’s license; and two counts of violating a statutory summary suspension while committing a DUI.
Differences Between Theft, Robbery, and Burglary Charges in Illinois
In casual conversation, robbery, theft, and burglary may seem synonymous, but in the criminal justice system, they are not. Robbery, theft, and burglary are three different charges that have very different consequences.
Most people know these crimes all involve taking property that belongs to someone else, but there are various behaviors that constitute each offense. If you face robbery, theft, or burglary charges, it is important to understand the differences.
Theft
This is a crime in which an individual simply takes something that is not theirs. Theft occurs when you knowingly:
- Obtain control over property without permission from the property’s owner;
- Take control of property by use of threat or deception; or
- Take possession of property you know or should reasonably know to have been stolen.
What Are My Rights During a Traffic Stop in Illinois?
When you see flashing red and blue lights in your rearview mirror and you realize they are flashing for you, it can be a sickening, sinking feeling. Being pulled over by police can be an intimidating experience, even if you have no reason to be worried. It has been proven that most people will do what a police officer tells them for the sole reason that the officer is wearing a uniform, even if they do not believe it is the right thing to do. It is extremely important to remember you do have rights when you are pulled over by a police officer.
Rights When Speaking to Police
Most people have heard about the right to remain silent, but is that always your best option? Sometimes, if a police officer is asking you questions, it is not in your best interest to keep quiet. The right to remain silent is intended to keep you from self-incrimination, but there are other ways to do that. If an officer begins to question you, try answering their question with a question, such as, “Did I do something wrong?,” or, “Am I free to leave?”
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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