Posted on April 28, 2015 in DUI

Being stopped for a suspected DUI is always a stressful situation, with the potential for a diverse array of unfortunate consequences. One of these consequences, if you are arrested for DUI in Illinois, is a suspension of driving privileges.

A driving suspension for DUI in Illinois means that you are prohibited from operating a motor vehicle anywhere in the state. If you are caught driving on a suspended license, you will face criminal charges. Often, these will be felony level charges, with substantial penalties.

When you are arrested for DUI in Illinois, the arresting officer will give you a notice of statutory summary suspension. You should receive a copy of the notice during your arrest and there are two additional copies that go into the state system. One copy will go to the clerk’s office in the county where you were apprehended, in the jurisdiction where your case will be heard. The other copy will be sent to the Illinois Secretary of State.

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 Posted on April 21, 2015 in Drug Crimes

In Illinois, there are different felonies related to drug crimes. A felony drug conviction involving controlled substances can result in serious consequences and significant jail time. Some of the potential charges include:

Possession With Intent To Deliver

The charge of possession with intent to deliver generally indicates that law enforcement seized or discovered an amount of an illegal substance or substances so large that there is implied intent to sell or distribute.

Delivery Of A Controlled Substance

The charge of delivery of a controlled substance results when a person is suspected of giving a controlled substance to another person.

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 Posted on April 14, 2015 in Expungement

If you have ever been arrested and fingerprinted in Illinois or any other state, you have an arrest record. Until it is expunged or sealed, the record is viewable to the public. Many clients come to us seeking help with reviewing their criminal record history and determining their eligibility for expungement or sealing. Such action can help many clients pursue and obtain employment, housing, and other privileges.

Expungement and Sealing in Illinois

The expungement or sealing of your criminal record does not happen automatically. Someone must petition the court for an order that directs the clerk’s office and law enforcement to destroy or seal the criminal records in question. While the Criminal Identification Act governs the process, each county has its own procedures that must be strictly followed or the petition may be denied on a procedural issue.

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 Posted on April 07, 2015 in Criminal Law

Mobile devices and smartphones are so common that it feels like they have always been a part of our lives. It may be hard to believe, but most people in North America have only been using some type of mobile, cellular device for roughly the last twenty years. Regardless of whether your device is a base model cellular phone or the latest smartphone, there is an abundance of information about you, your contacts and your activities stored within the device.

A recent criminal case in California regarding the warrantless seizure of a cellphone was appealed and heard eventually by the  U.S. Supreme Court. This lead to the Court affirming its position on the unique distinction smartphones and cellular phones deserve as devices with significant data and personal information storage records. As such, law enforcement is required to obtain a search warrant before searching a suspect’s mobile device.

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 Posted on March 27, 2015 in Drug Crimes

What Qualifies as a Criminal Conspiracy?

The Illinois state statutes define a criminal conspiracy as an explicit arrangement among two or more persons to commit criminal activity or crime(s). Generally, anyone who is charged with conspiring to commit a drug related crime would receive penalties similar to what would have resulted if the crime had actually been committed and a conviction was successful.

Drug Conspiracy is a Serious and Often Nuanced Charge

Conspiracy charges in drug crime cases rarely encompass the only allegations a defendant must content with. Typically, conspiracy charges are one prong of  various additional charges that the individual in question must defend themselves against.

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 Posted on March 20, 2015 in DUI

A criminal defense attorney recently garnered national attention from a viral video of him successfully passing through a DUI checkpoint without saying a word.

Florida lawyer Warren Redlich claims that all any driver is legally required to do at a DUI checkpoint is to show the officer a sign that says, "I remain silent. No searches. I want my lawyer." Drivers are also required to show their driver’s license and insurance information. This may all be done from the driver’s side of a rolled up car window.

What Works In Florida May Not In Illinois

Mr. Redlich’s stunt set off debates amongst lawyers all over the country as to whether or not this tactic would work in their respective areas. It is important to keep in mind that the culture of civil procedures in the state of Florida is not always a harbinger of the most legal practices in our country.

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 Posted on March 13, 2015 in Felonies & Misdemeanors

No matter how minor or major the charges, nobody wants to face the consequences of breaking the law. Unfortunately, people make mistakes that can lead to serious charges.

One way to ease some of the anxiety is to understand the laws that relate to your case. Many people are unsure about the differences between the two main categories of criminal offenses: misdemeanors and felonies. The category under which your offense falls will almost certainly affect the potential severity of your penalties. Knowing what constitutes each can give you a clearer picture of whatever legal situation you may be facing.

Understanding Misdemeanors

Misdemeanor offenses are typically less serious than felonies. Still, it is important to take misdemeanor charges seriously as the penalties could involve steep fines, jail time, and restrictions that limit your personal opportunities. Multiple misdemeanor offenses may lead to harsher penalties.

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 Posted on March 06, 2015 in Domestic Violence & Orders of Protection

Facing domestic violence charges can be a frightening ordeal. In addition to the potential legal penalties, people who face these charges often endure scrutiny from friends and family. The truth, though, is that you still have rights, and an attorney can help protect them. Besides contacting a criminal lawyer, you should also familiarize yourself with the Illinois laws that relate to domestic violence.

Legal Definitions of Domestic Violence

Any amount of abuse against a family member or other member of the household—whether it is physical, verbal, or mental—may be considered domestic violence.  Examples include:

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 Posted on February 26, 2015 in DUI

A new government study addresses the issue of driving while under the influence of marijuana. This report is especially timely given that more and more states are passing new statutes allowing the use of medical marijuana.

According to the study, which was conducted by the Department of Transportation's National Highway Traffic Safety Administration (NHTSA), people who are driving while under the influence of marijuana were at a much lower risk of getting into a car accident than drivers who are under the influence of alcohol.

The report, Drug and Alcohol Crash Risk, contains the results of the NHTSA’s 20 month study. And according to that data, there is not a substantial change in the car accident risk for people who have smoked marijuana before they get behind the wheel of a car. However, drivers who have blood alcohol content (BAC) even as low as .05 increases have almost seven times the risk of crashing than someone who is sober.

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 Posted on February 19, 2015 in Sex Crimes

The state of Illinois recently passed what many legal analysts say is the toughest revenge porn law in the country. The governor has signed the law, which makes it a felony to post sexual videos or photos of another person online without his or her permission. The new law goes into effect June 1, 2015.

Although there are currently revenge porn laws currently in effect in 16 other states, the Illinois law is considered the strongest because of the following reasons:

• It does not matter what the defendant’s motive was in posting the photos. Some of the other state’s laws require that the offender had intent to cause emotional distress to the victim, but the Illinois law concerns itself only with the harm that is done to the victim, not what the intent of the offender was.

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