Recent Blog Posts
What Defenses Are Available Against Theft Charges in Illinois?
Several defenses are available against theft charges in Illinois. This includes challenging whether you had permission to take the property. You can also show you had no intent to permanently deprive the owner of it. Questioning the reliability of the evidence used against you is another option.
If you're dealing with this situation in 2026, our Kane County criminal defense lawyer can help you build a strong defense.
What Does the State Have to Prove for a Theft Conviction in Illinois?
Under 720 ILCS 5/16-1, theft can be committed in several ways, including knowingly obtaining or exerting unauthorized control over someone else's property. The state also has to show one of the following:
- That you meant to permanently take the property
Navigating Your First DUI
Getting your first DUI charge is scary. But you have the chance to fight the charge. Knowing what steps to take next can make a big difference in how your case turns out.
Attorney Brian J. Mirandola brings over 25 years of criminal law experience to these cases. He can use it to help you build a strong defense. If you're facing your first DUI in 2026, our Aurora, IL DUI defense lawyer can guide you through every step of the process.
What Happens Right After a First DUI Arrest?
After police arrest you for DUI, you may go through processing that includes fingerprints, photographs, and paperwork related to the charge. Depending on the circumstances, you may be released with a notice to appear in court or brought before a judge for an initial court appearance.
Under 625 ILCS 5/11-501, Illinois law makes it illegal to drive with a blood alcohol concentration of 0.08 percent or higher. It is also illegal to drive while under the influence of alcohol or drugs, even if your blood alcohol concentration is below 0.08 percent.
What Is an Illegal Search and Seizure?
An illegal search and seizure happens when police search your person, vehicle, or property, or take your belongings, without a valid warrant or a legal exception that allows them to do so. This protection comes from the Fourth Amendment. When police violate it, any evidence they find may not be usable against you in court.
If you believe police conducted an illegal search in 2026, contact our Kane County, IL criminal defense lawyer. Attorney Brian J. Mirandola brings over 25 years of criminal law experience to these cases. He can help you understand your rights
What Does the Fourth Amendment Protect You From?
The Fourth Amendment to the U.S. Constitution protects people from unreasonable searches and seizures by the government. This means police generally need either a valid warrant that’s based on probable cause or a recognized legal exception. They need one of these before they can search your home, vehicle, person, or belongings.
How Are Prosecutors Going to Prove Intent to Deliver Drugs?
Prosecutors typically prove intent to deliver drugs by using circumstantial evidence. For example, what was the quantity of drugs found? How were they packaged? Were any items like scales or large amounts of cash present? Intent to deliver charges are far more serious than simple possession, and the state doesn't need a confession or a witnessed sale to bring these charges.
If you're facing an intent to deliver accusation in 2026, our Kane County drug trafficking defense lawyer can help. Attorney Brian J. Mirandola is a former Assistant State's Attorney with over 25 years of criminal law experience. He has firsthand insight into how prosecutors build these cases and where they're often vulnerable to challenge.
What Is the Difference Between Drug Possession and Intent to Deliver?
Simple possession means you're charged with knowingly having an illegal substance for personal use. Intent to deliver means the state believes you planned to sell or distribute the drugs to others.
Driving Without Headlights Can Result in Reckless Driving Charges in Illinois
Driving without headlights in Illinois can result in reckless driving charges. Getting a citation for something that seems like a simple equipment issue can be surprising. This is especially true once you realize it's being treated as a criminal offense rather than a routine traffic ticket. If you’ve been charged with reckless driving, our Kane County criminal defense lawyer can help you understand exactly why this charge was filed. Together, we can challenge the allegations.
How Does Illinois Law Define Reckless Driving?
Illinois defines reckless driving under 625 ILCS 5/11-503. This law makes it illegal to drive with a willful or wanton disregard for the safety of people or property. Reckless driving is different from many traffic violations. It's a misdemeanor. That means a conviction becomes part of your criminal record rather than simply affecting your driving history. This standard focuses on your state of mind and the overall danger created by your actions. Because of this, prosecutors often look at the full context surrounding an incident.
What Is Scott’s Law in Illinois?
Scott's Law is Illinois's "Move Over" law. It requires drivers to slow down and move to a non-adjacent lane, if possible, when approaching stopped emergency vehicles, tow trucks, or maintenance vehicles displaying flashing lights on the road. Getting a Scott's Law citation in 2026, or facing more serious charges after an incident involving an emergency vehicle, can be serious. Our Elgin, IL traffic violations defense lawyer can help you understand exactly what you're facing and how to respond.
What Does Scott's Law Actually Require of Drivers in Illinois?
Scott's Law is codified under 625 ILCS 5/11-907. It requires drivers approaching a stationary emergency vehicle, tow truck, or road maintenance vehicle with activated warning lights to proceed with caution. Drivers must also reduce their speed and move into a lane not adjacent to the vehicle, if it's safe and possible to do so.
When Is a DUI a Felony in Illinois?
Most first-time DUI charges in Illinois are misdemeanors, but certain circumstances can turn a DUI into a felony. When that happens, the penalties increase dramatically, and the long-term consequences become more severe.
A felony DUI conviction can mean years in prison, a permanent criminal record, and lasting effects on your career, your family, and your future. If you’re facing a DUI charge in 2026 – felony or otherwise – our Elgin, IL criminal defense lawyer will help you fight it.
What Is the Difference Between a Misdemeanor and Felony DUI in Illinois?
A standard first or second DUI offense in Illinois is typically charged as a Class A misdemeanor, which carries up to one year in jail and a fine of up to $2,500. But when certain factors are present, the charge can be elevated to a felony, which carries much longer prison sentences and far more serious long-term consequences.
When Can Illinois Police Search Your Cell Phone?
Illinois police can search your cell phone in limited circumstances. The rules around when they can do so are pretty strict. The law recognizes that your phone contains some of the most personal information about your life. In most situations, police need a warrant before they can go through your phone. But some exceptions can come up when building your defense. If you believe your phone was searched illegally in 2026, a Kane County criminal defense lawyer can review what happened and fight to protect your rights.
What Does Illinois Criminal Law Say About Cell Phone Searches?
The Supreme Court ruled in Riley v. California unanimously that police generally cannot search the contents of a cell phone without a warrant, even after a lawful arrest. The Court recognized that modern smartphones contain enormous amounts of personal information and deserve strong constitutional protection under the Fourth Amendment.
Am I Allowed to Contact My Accuser After a Domestic Violence Charge?
After a domestic violence charge in Illinois, there is often a no-contact order in place that prohibits you from reaching out to the alleged victim in any way. Violating that order, even once, even if the other person reaches out to you first, can result in additional criminal charges and make your original case significantly worse.
If you are facing a domestic violence charge in 2026, an Aurora, IL criminal defense lawyer can explain exactly what restrictions apply to you and help you protect yourself going forward.
What Is a No-Contact Order and How Does It Work in Illinois?
A no-contact order is a court order that prohibits you from having any contact with a specific person. Depending on the circumstances, these restrictions may come in the form of an Emergency Order of Protection, a Criminal No Contact Order, or another court order prohibiting contact. In domestic violence cases in Illinois, these orders are issued very quickly, often within hours of an arrest, and before you have had any chance to share your side of what happened.
If I Get a DUI, Will My License be Suspended or Revoked in Illinois?
A DUI in Illinois can result in your license being suspended or revoked. A suspension is temporary. A revocation remains in effect until you successfully complete the reinstatement process. In some cases, both happen at different stages of the process. If you are facing a DUI charge and worried about your driving privileges in 2026, an Elgin, IL DUI defense lawyer can help you protect your license and fight for the best possible outcome in your case.
What Is the Statutory Summary Suspension in a DUI Case?
The statutory summary suspension is the first license consequence most DUI defendants face. It happens automatically before your criminal case is even resolved.
Under 625 ILCS 5/11-501.1, when you are arrested for DUI in Illinois, you are subject to a statutory summary suspension of your driving privileges. The length of that suspension depends on whether you took a chemical test and what the result was.
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