|
|
|
Recent Blog Posts
4 Ways to Violate A Protection Order in Illinois
Violating a protection order - even a civil protection order - is a criminal offense. Whether or not you were criminally charged with domestic violence, a protection order has the force of law. Violating the terms of a protection order can lead to jail time. If you were charged with domestic violence or assault against the protected party, a violation of the protection order is probably also a violation of your probation or pre-trial release. You must read the order carefully and strictly follow its terms. If you have been accused of violating a protection order in Illinois, it is important to immediately seek the advice of an experienced Rolling Meadows, IL criminal defense lawyer.
Actions That May Violate Your Protection Order
It can be very easy to violate a protection order without meaning to. Actions that might lead to an arrest for a protection order violation include:
When Roadside Sobriety Tests Are Wrong in Illinois
Roadside sobriety tests are often used by police officers to establish probable cause so that they can make a DUI arrest. However, these tests are notorious for producing inaccurate results. A person who is perfectly sober can fail roadside sobriety tests and be wrongfully charged with a DUI for a number of reasons. Some people simply do not have good balance, and external factors can also affect your score. If you were arrested for drunk driving because you did not pass a roadside sobriety test, a Rolling Meadows, IL DUI lawyer may be able to have those results excluded from the evidence presented in court.
Reasons a Sober Person Might Fail Roadside Sobriety Tests
People who have had one or two drinks are often under the limit and legally able to drive, but the police officer who pulled you over may have smelled alcohol on your breath and assumed you were more intoxicated than you were. Or, they may have smelled the cannabis someone else smoked around you while you declined. Reasons a person who is under 0.08 might fail a sobriety test include:
Fleeing a DUI Stop in Illinois
Being pulled over after you have been drinking can be frightening and can sometimes cause drivers to make poor decisions due to their panic. When you see a police officer behind your vehicle with their emergency red-and-blue lights flashing, you are legally required to pull over as soon as you can safely do so. While it is understandable that some intoxicated drivers may resist stopping out of fear of being charged with a DUI, doing so can lead to additional charges for fleeing or attempting to elude a police officer. Having these charges, in addition to a DUI, can put you in a more complicated legal position and make it more likely that you will face harsher treatment from the court and a more serious sentence, which could include jail time that would have been avoidable had you stopped. It is important to immediately seek the advice of an Arlington Heights criminal defense attorney.
The Mutual Combat Defense in Illinois
Two adults in Illinois can willingly decide to fight. This is in fact, fairly common. In some cases, adults decide to fight for recreational purposes, and it is quite clear that both parties consented to the combat. For example, if you participate in an organized wrestling or martial arts competition, you probably have to sign a document agreeing to experience physical contact that would otherwise be considered criminal assault. In other cases, it is less clear whether both adults implicitly agreed to fight each other. Bar fights are a fairly common example of a physical struggle that may or may not have been consensual for all involved. Witness testimony or video footage might be required to support this affirmative defense. If you have been charged with assault or another violent crime, it is important to reach out to an experienced Rolling Meadows, IL, criminal defense attorney.
Felony Domestic Violence in Illinois
Domestic violence charges are bad enough in their misdemeanor form. This particular offense carries a lot of stigma. Felony domestic violence is a far more serious charge. Not only will people convicted of this crime have to deal with being thought of as a “wife-beater,” they will also have to live the rest of their lives as felons. Domestic battery can be charged as a felony for several different reasons. Repeat offenses are one of the more common reasons people face felony charges for what would otherwise be considered simple domestic batteries. However, more serious forms of violence, such as those involving the use of a weapon, can also result in felony charges. If you are facing felony charges after a physical dispute with a family member, household member, or current or former romantic partner, it is very important to be represented by a skilled Arlington Heights, IL, felony domestic violence attorney.
Most Serious Sex Crimes in Illinois
Any sex crime is a serious matter. All sex crimes in Illinois are felonies, except for criminal sexual abuse, which can only be committed by a juvenile. If you are convicted of a sexually oriented offense, you can expect to serve time in prison. Courts are notoriously harsh when it comes to sex offenders. These crimes are routinely treated as some of the most serious offenses a person can commit, just behind murder. Sexual assault - commonly known as rape - and assaultive sexual offenses against minors are the most likely to lead to long prison terms and lifelong registration as a sex offender. If you have been charged with a sex offense of any kind, it is important to work with an experienced Rolling Meadows, IL, criminal defense attorney. Your entire future is at stake.
Sexual Assault and Aggravated Sexual Assault
Sexual assault includes any act of sexual penetration committed by force or threat of force while the victim is unable to consent, with a related person under the age of 18 years old, or when the offender is in a position of trust with another adult. A sexual assault can be considered aggravated if the offender uses or brandishes a weapon, causes bodily harm, endangers the victim’s life, or drugs the victim. The offense might also be considered aggravated if the victim is particularly vulnerable due to age or disability. Both of these offenses are Class 1 Felonies.
Options for Avoiding Jail Time
Unfortunately, there are cases where a term of incarceration is unavoidable. If you are facing a serious felony charge - especially a violent felony, a sex offense, or a high-level narcotics charge - you may not have any alternative to prison time. In those cases, your attorney’s role is to minimize the amount of time you would serve by presenting mitigating factors. However, in misdemeanor or even some felony cases, there are some alternatives to jail time courts may use at their discretion. If you are facing a more minor charge, like drug possession or simple assault, you may be able to avoid going to jail by agreeing to participate in a treatment program or accepting probation. In some cases, felony offenders can qualify for an impact program post-sentencing to minimize time served. An Arlington Heights, IL, criminal defense attorney can work to preserve your freedom by identifying an alternative to incarceration that would still meet the goals of the criminal justice system.
Traffic Violation or Misdemeanor Crime?
The distinction between a traffic violation and a misdemeanor offense can be confusing for people who do not work in the criminal law field. If you were pulled over by the police and given notice that you broke a law, you may wonder how serious the situation is. Traffic violations are generally somewhat minor, although they can ultimately result in a suspended license or other issues if you have enough of them. A misdemeanor traffic-related crime is a fair bit more serious. While you cannot go to jail for a simple violation, you could face some jail time for a misdemeanor offense. There are even some driving-related offenses that are considered felonies in Illinois, such as an aggravated DUI charge. Misdemeanors can carry up to a year in jail, whereas a felony can carry multiple years in prison. If you are facing any type of traffic charge, it is best to consult a qualified Arlington Heights, IL, traffic crimes attorney.
How a Defense Lawyer Can Help with a Traffic Violation
A traffic violation in Illinois is a serious offense, commonly resulting in points against your license, fines, and court costs.
Even though a traffic violation may seem minor, a violation can remain on your driving record for four to five years. If the violation resulted in license suspension or revocation, the offense will remain on your record for up to seven years.
A traffic violation can make it difficult to secure affordable car insurance. Do not let yourself be at a disadvantage for liability coverage. If you have received a traffic violation, you need an Arlington Heights traffic crimes defense attorney.
Examples of Traffic Violations
A traffic violation occurs when a motorist violates a traffic law or regulation. Traffic violations are classified as either moving or non-moving violations. Most are misdemeanors, but more serious violations may be classified as felony.
Why You Should Not Answer Police Questions If Arrested
A police officer is required to read your Miranda Rights if they intend to question you following your arrest.
You have the option to remain silent and to instead call your attorney. In fact, you should only provide answers if your attorney is in the room and advises you to do so.
Our Arlington Heights criminal defense lawyer would like to discuss your Fifth Amendment rights and why you should invoke your right to remain silent following an arrest.
Invoking the Fifth Amendment
The Fifth Amendment of the U.S. Constitution states that the government cannot force a person to be a witness against themselves in a criminal case.
Simply stated, no individual is required to testify regarding a crime that he or she may be connected to in some manner. Although the Fifth Amendment initially only applied to federal criminal trials, the U.S. Supreme Court ruled that it also applies to state criminal trials.
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
