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Recent Blog Posts
Do I Qualify for a Hardship License?
One of the most inconvenient parts of getting charged with or convicted of a DUI is having your driver’s license suspended. Although the city of Chicago has a rather robust public transportation system, the suburbs can be much harder to get around without driving. Some tasks, like bringing home a week’s worth of groceries, are not easily done via public transportation. Additionally, many people do not feel safe taking a bus or a train, especially after dark. If your license has been suspended for DUI, you may qualify for a restricted driving permit that allows you limited driving privileges. A knowledgeable Arlington Heights, IL license reinstatement lawyer can help you work towards regaining the ability to drive for certain essential reasons.
What Do I Have to Prove to Get a Restricted Driving Permit?
To qualify for an RDP, you must show that you or your family would suffer undue hardship if you could not drive at all and that you have car insurance. You will need to submit documentation showing the type of undue hardship you or your family would experience due to your loss of license. Examples of undue hardship may include:
Will I Go to Jail for a First DUI?
If you were recently arrested for a DUI, your biggest concern might be whether you will be sent to jail. Your sentence could include some jail time if you are convicted. You may have already spent a night or even a weekend in jail after your arrest while waiting to appear in front of a judge or for someone to come bail you out. Most people who have spent even a few hours in jail are not eager to repeat the experience. If this is your third or subsequent DUI, or if there were aggravating factors, you might be worried about going to prison, where people serve sentences lasting longer than one year. The best thing you can do to protect yourself right now is to find an experienced Arlington Heights, IL DUI attorney.
Do People Get Jail Time for a First DUI?
A first DUI is punishable by up to a full year in jail, even when it is charged as a misdemeanor. However, it is quite rare for people who are represented by an attorney to be sentenced this harshly. If this is your first DUI offense, there were no aggravating circumstances, and you follow the advice of your attorney, you are unlikely to spend more than a few days in jail if you are given any jail time at all. More likely, you will be sentenced to community service and may be ordered to get treatment for a substance abuse problem.
Why Repeat DUIs Are More Serious
A first DUI can be serious depending on the circumstances, but repeat DUIs are even more of a problem. Your first DUI can be considered a one-time mistake, especially if it is your first offense ever. Courts often focus on putting first-time DUI offenders into treatment for an alcohol problem in the hopes that getting sober will prevent them from making the same mistake twice. However, those who get a second DUI are not given the same benefit of the doubt. Those who get a third DUI will be charged with a felony in Illinois. If you are re-arrested for a second, third, or subsequent DUI offense, you need a highly experienced Cook County, IL repeat DUI attorney to defend you in court.
Penalties for a Second DUI
Usually, a second DUI offense is a misdemeanor. However, your experience in the justice system is likely to feel different after your first DUI conviction. The first time, the judge may have treated you with compassion, understanding that you need treatment and this arrest may have served as a wake-up call. However, courts expect people to learn from their mistakes and do not look kindly upon those who commit the same offense twice.
What Restrictions Must Sex Offenders Live With?
Becoming a sex offender would have a major impact on your life. You would be subject to all sorts of restrictions and rules. You would be required to register as a sex offender and keep updating your registration periodically. The registry is public, so chances are many of the people around you would find out about your conviction. Child sex offenders are subjected to even more restrictions than those who offend against adults. If you have been accused of a sex crime in Illinois, you need an aggressive Rolling Meadows, IL criminal defense attorney to protect your rights.
Restrictions on Illinois Sex Offenders
The restrictions placed on sex offenders can impact every part of your life. Some of the rules Illinois sex offenders live with include:
- Housing restrictions for child sex offenders - Where you are allowed to live will be affected by certain restrictions. You cannot live near a school, a playground, a daycare center, or any other facility that is geared toward providing services to minors. As these locations are scattered throughout the community, this can make it extremely difficult to find a place where you can legally reside - and where the landlord will accept you.
Can I Be Charged With Murder if Drugs I Sold Killed Someone?
In Illinois, there is an offense called drug-induced homicide. Although this crime has more in common with the offense of involuntary manslaughter, which is charged when the defendant did not mean to kill anyone, it is considered a form of murder. Drug-induced homicide is more serious than involuntary manslaughter. This law was introduced to combat the growing number of overdose deaths, most of which are caused by opiates like heroin, fentanyl, and prescription pain medications. Drug dealers, and even people who simply share drugs with people they know without charging them, can now be held accountable if someone fatally overdoses on the drugs they provide. If you are facing drug-induced homicide charges in Illinois, you must be represented by an experienced Rolling Meadows homicide attorney.
Understanding Drug-Induced Homicide Charges in Illinois
There are a few things the prosecution must prove in order to show that you are guilty of drug-induced homicide. Some of these elements might be harder to prove than others. Drug-related deaths can be complicated, and there are usually multiple factors involved.
3 Ways to Defend a Drug Charge in Illinois
Drug possession charges carry a lot of stigma. People may assume that you are a drug addict and that all of the negative stereotypes about people with substance abuse problems apply to you. You may find that potential employers, landlords, and even friends or family members are hesitant to trust you. While you may have been made to feel like there is no way to fight back against your drug possession charges, you may have a legal defense available. People who did not intentionally choose to have illegal substances in their possession are sometimes charged with this crime erroneously. An Arlington Heights, IL drug possession lawyer can develop the best defense strategy possible in your case.
Defenses to Drug Possession Charges
Even if the police did find you with illegal drugs around, you may still have a defense depending on the circumstances. An attorney will need to analyze the facts of your case and speak to you about what led up to your arrest so he can formulate a defense strategy. A few defenses to drug possession include:
How False Domestic Violence Arrests Happen
Not everyone who gets arrested on domestic violence charges is guilty. In fact, many are entirely innocent and have been falsely accused or were acting in self-defense. The problem with domestic violence cases is that the police are seldom there to witness the assault - and neither is anyone else. Most legitimate abusers do not assault their partners in public where others can see - they do it behind closed doors in their own homes. This means that police officers who respond to calls about domestic disputes essentially have to guess what probably happened and make an arrest based on that guess. If you have been falsely accused of domestic violence, you need a Cook County, IL criminal defense attorney immediately.
Why Innocent People Get Arrested for Domestic Violence
Domestic disputes - fights between romantic partners or people who live together - can be intense and chaotic. Police often arrive to find both parties extremely upset. They are then left to try to get both sides of the story and decide who - if anyone - to believe. Some factors that contribute to mistaken domestic violence arrests include:
DUI and Accidental Consumption
You are at a social gathering at a friend’s home when you start feeling unwell. You feel a little tired, a little dizzy, and “off” in a way you cannot quite describe. Wanting the comfort of your own bed, you decide to leave the party early and go home. On your way back, you are pulled over. You are shocked when the officer arrests you for driving under the influence when all you had was one glass of wine. Hoping to clear your name, you submit to a drug test, believing it will be clean. To your shock, you find out that you have tested positive for THC. After speaking to your friends, you are horrified to learn that the food served at the house party contained a cannabis extract, and that strange feeling you had was THC intoxication. You were driving while intoxicated, unbeknownst to you. You need an Arlington Heights DWI defense attorney immediately.
The Involuntary Intoxication Defense in Illinois
You may have a complete affirmative defense to your DUI charge if your lawyer can prove that your intoxication was involuntary. This would mean that you did not willfully ingest the substance that caused your intoxication. Accidentally eating food that was laced with THC is a frequent example of accidental intoxication.
What Happens After a Third DUI in Illinois?
While a first DUI normally leads to a license suspension and maybe a few days in jail and a second DUI can be a little more serious, your first two DUIs are usually misdemeanors. If you get a third DUI in Illinois, you are now facing a felony charge. Felonies carry a year or more of time in prison and can have a much more serious impact on your life than a misdemeanor. While misdemeanor charges are often overlooked by employers and landlords, felony charges for repeat DUIs can lead to rejection after rejection. The other legal penalties for a third DUI are also much harsher than the penalties for a first or second DUI. If you are facing a felony DUI, you must be represented by an experienced Rolling Meadows, IL repeat DUI defense lawyer.
Consequences of a Third DUI in Illinois
The third DUI penalty most Illinois defendants are most concerned about is jail time. Since a third DUI is a Class 2 felony, you could face between one year and 7 years in prison. In some cases, a shorter term of imprisonment followed by probation is possible. However, your DUI attorney will need to negotiate with the state or present strong mitigating factors - circumstances that show your offense is less serious than it looks - to reduce your prison time.
Do I Have to Answer the Door for the Police?
Having a police officer knock on your door can be alarming, whether or not you are guilty of any crime. Whether or not you have done anything wrong, realizing that the police are on your doorstep can induce a feeling of panic similar to what you might feel when you are getting pulled over. Unless the police have a search warrant signed by a judge, you likely have no legal obligation to answer the door. However, under some circumstances, the police may enter anyway, even if that means they have to break down your front door. It is important to pay attention to what the officers knocking are saying so that you can respond appropriately. If you believe that you are suspected of a crime or if the police enter without your consent, you should contact an Arlington Heights, IL criminal defense lawyer as soon as you have the opportunity to use a phone.
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
