The Law Office of Brian J. Mirandola


47 DuPage Court, Elgin, IL 60120


Recent Blog Posts

Will My Prescription Drugs Cause a DUI?

 Posted on May 21, 2024 in DUI

Aurora DUI drug defense lawyerMany people around Illinois may take prescription drugs to help with certain health conditions and to ensure they can go about their days with minimal pain and symptoms. However, when you need to take your prescription drug and drive, you might be facing charges for driving under the influence if your drugs affect the way you operate your vehicle.

If you find yourself facing a charge for a prescription drug-related DUI, you will need to contact an Illinois DUI drug defense lawyer to learn about your legal options.

Understanding Illinois DUI Law

Illinois has fairly straightforward laws when it comes to driving under the influence. According to the Illinois Vehicle Code, driving under the influence is defined as when a person drives while under the influence of alcohol, chemical substances such as a prescription drug, or controlled substances, such as illegal drugs. All of these items can impair how you operate your vehicle and impact reaction times, awareness, and cognitive functions.

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Is Breaking and Entering the Same as Burglary in Illinois?

 Posted on May 13, 2024 in Criminal Defense

Kane County burglary defense lawyerIn Illinois, breaking and entering is not a term mentioned in the law. Instead, Illinois classifies what people generally think of as breaking and entering, which is entering property unlawfully with the intent to commit a felony or a theft, as burglary.

If there is no intent to commit a crime once unlawfully inside a property, this action may instead be considered trespass or criminal trespass. Intent to commit a crime must be proven in these kinds of cases for a burglary conviction to be handed down. It is important to have an experienced Illinois criminal defense lawyer on your side if you find yourself facing burglary charges after unlawfully entering a home, vehicle, boat, or other property.

What Is Burglary in Illinois?

When facing burglary charges in Illinois, it is important to understand what the state considers burglary. Despite many people thinking you can only be charged with burglary if you steal something, this is not generally the case in Illinois.

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Does Crime Increase During the Summer?

 Posted on May 03, 2024 in Criminal Defense

Aurora criminal defense lawyerAs we enter the summer months in Illinois, people start to enjoy the warm weather outdoors and spend time traveling for vacation. However, crime has been shown to spark during the summer months, increasing the likelihood of being involved in criminal behavior.

Instead of letting the heat get to you this summer and catching a criminal charge that affects your future, you should be taking steps to avoid potentially violent situations and keep yourself safe.

Of course, if you are charged with a crime during the summer, an experienced Illinois criminal defense lawyer is essential to helping you defend your case.

Warmer Weather Can Lead to More Crime

While many people enjoy warmer weather and the fun activities summer brings, it has been noted throughout recent years that criminal behaviors increase as the weather warms.

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How Can an Illinois Criminal Defense Lawyer Help Me?

 Posted on April 29, 2024 in Criminal Defense

Kane County criminal defense lawyerFacing criminal charges in Illinois is challenging, and it is not the best idea to try and understand the legal system without the guidance of an experienced criminal defense attorney. This is true for any charge you may be facing, as criminal charges can severely affect your future in many ways.

An Illinois criminal defense lawyer can help you understand the charges against you and work to mitigate their effect on your future.

When to Hire a Criminal Defense Lawyer

Even if you think your criminal charges are ‘minor,’ you are facing charges for the first time, or you believe you are innocent after an arrest, you should hire a criminal defense lawyer. Criminal defense lawyers are invaluable for virtually every situation, as the Illinois criminal justice system can be difficult to navigate alone.

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What Is Illegal Search and Seizure in Illinois?

 Posted on April 18, 2024 in Drug Crimes

Aurora drug defense lawyerSearch and seizure is often a controversial topic. Many federal and Illinois laws surround the act of searching vehicles or homes and seizing evidence. Law enforcement officers must ensure that they complete the proper steps for search and seizure in Illinois. Otherwise, this process may be a violation of your constitutional rights.

A knowledgeable Illinois criminal defense lawyer can review a search and seizure that may have resulted in a drug charge to check for legalities that can impact the outcome of a potential conviction.

Understanding Illegal Search and Seizure

In Illinois, the state constitution mirrors that of the U.S. Constitution’s Fourth Amendment, protecting against “unreasonable” searches and seizures. This law sets a standard for all search and seizures within the state of Illinois to be carried out with the use of warrants or the presence of ‘probable cause,’ which is a legal standard for police to meet before they can make an arrest or conduct a search.

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Is Burglary a Felony in Illinois?

 Posted on April 11, 2024 in Felonies

Kane County burglary defense lawyer

Burglary is a serious crime, and Illinois penalizes it harshly. This criminal act is typically classified as a felony in the state, though different felony levels depend on the type of burglary and other associated factors. If you have been charged with burglary, it is important to reach out to an experienced Illinois burglary defense attorney as soon as possible to understand your rights and legal options.

Understanding Illinois Burglary Penalties

The Illinois criminal code outlines burglary and penalties associated with acts of burglary or owning burglary tools. In general, burglary is entering a building, vehicle, trailer, train car, or watercraft intending to steal. Burglary is usually considered a Class 2 felony in the state, which means that a person charged with burglary could face up to seven years in prison and up to $25,000 in fines.

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Can Speeding Cost Me My License in Illinois?

 Posted on April 03, 2024 in Traffic violations

Kane County speeding defense lawyerSpeeding is one of the most common traffic violations in Illinois. It can carry harsh penalties and leave you facing long-term consequences such as fines, losing your driver’s license, and jail time. Suppose you have been charged with speeding or repeated speeding violations. In that case, it is important to work with a knowledgeable Illinois speeding defense lawyer to try and minimize the impact of any speeding charges you face.

Illinois Penalties for Speeding

The state of Illinois takes speeding seriously and uses a points system for traffic and speeding violations. Receiving three or more charges that result in points on your license within a year can result in driver’s license suspension or revocation for drivers older than 21. In contrast, drivers younger than 21 can receive a license suspension after two offenses within 24 months.

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Can I Go to Jail for Unknowingly Buying a Stolen Vehicle?

 Posted on March 29, 2024 in Theft

Elgin, IL car theft lawyerCarjacking is a notorious problem in many parts of Illinois, and prosecutors are coming down hard on people caught stealing cars to try to make an example out of them. But what happens to those stolen cars? Are they ever sold and passed off as legitimate? 

Of course criminal vehicle theft carries hefty penalties in Illinois, but buying or receiving a stolen vehicle may also land you in legal trouble, even if you did not know that the vehicle was stolen. If you have been caught with a stolen vehicle, you will need the guidance of an experienced Illinois auto theft defense attorney to help you navigate these charges and show the court that you did not knowingly purchase or possess a stolen vehicle.

Penalties for Illinois Vehicle Theft

Illinois law is strict when it comes to vehicle theft, and the penalties for stealing a vehicle or possessing a stolen vehicle can be severe. Under Illinois criminal code, you can face between three to seven years in prison and fines of up to $25,000 if you steal or possess a vehicle valued at $10,000 or more; this is classified as a Class B felony.

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How Do I Handle a False Domestic Violence Accusation in Illinois?

 Posted on March 25, 2024 in Domestic Violence

Elgin, IL domestic violence defense lawyerDomestic violence is a serious issue when it occurs among couples and families, and the effects of domestic violence can be traumatic. However, false domestic violence accusations can occur, typically against men, and these accusations can cause serious damages, end in jail time, and impact your future. If you have been falsely accused of domestic violence, you need a skilled Illinois domestic violence defense lawyer on your side advocating for your rights.

Responding to an Order of Protection

In many cases, a domestic violence accusation will involve an Illinois Order of Protection. This type of order is designed to protect a victim from an abuser. A temporary Order of Protection may be granted to the individual requesting it immediately, though longer-term orders will need to be decided in court.

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Can I Go to Jail For Shoplifting in Illinois?

 Posted on March 19, 2024 in Theft

Elgin, IL criminal defense lawyerThough many people might think of shoplifting as a relatively minor crime, Illinois law can actually persecute this crime quite severely. This is especially true in certain areas that are lately making an example out of those arrested for shoplifting, as the state tries to deter the significant uptick in retail theft in recent years.

It is possible to go to jail for shoplifting, known as retail theft in Illinois, depending on the circumstances surrounding the theft. If you have been charged with retail theft, it is important to work with an experienced Illinois retail theft defense lawyer to understand the charges against you and minimize their effect on your future record.

What Counts as Shoplifting in Illinois?

In Illinois, the state Criminal Code outlines retail theft as the following activities:

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