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Illinois Ranks Number Two for Holiday Break-Ins
Perhaps it is the stash under the Christmas tree this holiday season that has burglars prowling around the neighborhoods, or maybe they are keeping an eye on who is headed out on vacation. Whatever the case, roughly one million burglaries take place in the United States every year, and about 83,000 occur in the month of December alone. In Illinois, the number of burglaries this month is 40 percent higher than any other month of the year, a spike which places it in a tie with Pennsylvania for number two among all states. Only New Jersey sees a greater increase in burglaries in an average December.
Facing criminal charges of any kind can be distressing, especially during the holidays. However, whether you broke the law or have been wrongfully charged, you should contact a skilled defense attorney.
Understanding a Burglary
A burglary takes place when a person gains unauthorized access to a home, building, car, trailer, boat, or aircraft, and their intention is to commit theft or a felony. During the holidays the items that are most often taken include the following:
Retail Theft Is Out of Control: How to Protect Yourself Against False Charges
This holiday season, retailers are taking extra measures against retail theft to protect themselves from brazen daylight robberies. Some 50 percent of retailers surveyed across the country reported losses of at least $1,000 in merchandise in 2020 compared to 29 percent the previous year. Overall, organized retail crime costs retailers about $700,000 per $1 billion in sales. Retailers are utilizing technology and training employees to keep an eye on potential shoplifters. So, what do you do if you are facing retail theft charges, but the evidence does not add up?
How Much Was Stolen?
Perhaps an overzealous security officer stops you and no theft has even occurred. But, if you are facing charges of retail theft it is no slap on the wrist. If you are accused of taking more than $300 in merchandise, you could be charged with a felony offense.
Dismissing or Dropping Retail Theft Charges
Holiday Drinking and Driving: Beware of Three Forms of DUI
More than 12,000 people nationwide are killed in alcohol-related crashes each year, and with the holiday season upon us, drinking and driving behaviors are sure to be a problem once again. For more than three decades, police departments in Illinois have been surveyed to track the number of DUI arrests. In 2021, Aurora came in second statewide, with 325 arrests, a nearly 63 percent jump from the previous year. Decatur ranked number four in the state.
This holiday season, you can bet law enforcement will be on the lookout for drunk drivers, and past DUI convictions can affect whether you are charged with a misdemeanor offense or a felony charge. With this in mind, let’s look at three different types of DUI charges.
Misdemeanor DUI
A driver will face a class A misdemeanor charge if their blood alcohol content is .08 or more. Often, defendants who face these charges were driving recklessly. You can face up to one year in jail and fines of up to $2,500. First and second offenses for DUI are usually prosecuted as misdemeanors in Illinois.
How to Defeat an Unfair DUI Charge
It may be hard to fathom that the average convicted drunk driver will get behind the wheel of a car 80 times before being arrested. With nearly 12,000 alcohol-related deaths, we are seeing a 14 percent increase since 2019. For that reason, the legal consequences are severe, especially for repeat offenders. At The Law Office of Brian J. Mirandola we understand that drunk driving is a problem but so is being wrongly accused of DUI. The repercussions are not fair if there are flaws in the arrest.
Seek Legal Help
Too many drivers do not seek legal help because they are embarrassed. But an unfair DUI conviction will have a lasting impact on your life. A key factor to remember is that it takes about an hour or more for alcohol to become fully absorbed into your body. So, if you had a drink before driving you may not be legally impaired while driving, even if a chemical test shows a BAC over the legal limit.
The first thing you should do is seek an experienced DUI attorney who will review your case and craft a strong defense.
Can You be Charged With DUI for Prescription Medication?
Many people have serious pain or suffer from anxiety and rely on prescription drugs to cope with and tackle their daily lives. With doctors writing more than four billion prescriptions a year, it is no wonder that many medications end up being misused. While that may be the case many people need to get things done, so they often drive. So, could you face DUI drug charges if you can prove that you have a prescription for the medication in your system at the time of the arrest?
Are Prescription Pills Intoxicating Substances?
In Illinois, it is illegal to drive if you are under the influence of any intoxicating substance. That includes alcohol, cannabis, illicit substances, and medications that have been prescribed. Merely showing a valid prescription is not enough to avoid a DUI.
However, when it comes to prescription drugs what matters here is whether or not you were impaired at the time of the arrest. Generally, if your ability to drive safely is impaired, you could be found guilty of DUI.
Domestic Violence Spikes During the Holidays
The holiday season is typically a time for generosity and family get-togethers. Ironically, domestic violence increases across the nation during major holidays including Thanksgiving, Christmas, and New Year’s Day. In Illinois, one in three women and one in four men have experienced domestic abuse including shoving and slapping. A domestic violence conviction comes with serious legal consequences.
Domestic Violence
Domestic violence is a concerning trend that involves intimidation, threats, physical injury, sexual assault, emotional abuse, and even death. If you are convicted, it can result in up to a year in jail. If there is a previous conviction for domestic violence it could be considered a Class 4 felony which could lead to up to three years in prison.
What Causes Domestic Abuse to Rise During the Holiday Season?
Unfortunately, domestic violence tends to go up during the holiday season. Perhaps the stress from holiday shopping and planning aggravates volatile personalities or triggers issues that have been brewing between couples. Here are other reasons why domestic violence does not take a holiday in what is supposed to be a time of celebration:
What You Should Know About Being Charged with DUI with Children in the Car
About 600 child passengers are killed in a car accident every year, and approximately one-fourth of them die in a crash involving a drunk driver. We realize that for most parents the priority is to keep their children safe and prevent a tragedy. But if you are arrested for a DUI with a child in tow, there is a good chance child protective services will get involved, and you would benefit from having an experienced criminal defense attorney on your side.
Parental Abuse of Authority
Parents have authority over their children, but the reality is that children often have little choice but to get in the car with their parents even if they are drunk. Under Illinois law, no one can knowingly endanger the life or health of a child under 18 years old because it is considered child endangerment.
The courts are vested in protecting and safeguarding the children. There is a good chance that CPS will investigate and monitor the situation as it looks for patterns of abuse of authority and ongoing risk to the child. You could even lose parental rights.
DUI Charges Resulting from Sobriety Checkpoints
Typically, the Fourth Amendment to the U.S. Constitution prevents police officers from conducting traffic stops without justification. Police need "reasonable suspicion" of criminal activity to pull a driver over. However, sobriety checkpoints are an exception to this rule.
At sobriety checkpoints, police officers can stop vehicles without any suspicion that the driver has committed a crime. The U.S. Supreme Court ruled in 1990 that sobriety checkpoints are constitutional as long as they are conducted in a reasonable manner. If you or a loved one are facing charges for driving under the influence because of a sobriety checkpoint, contact a DUI defense lawyer for help.
Are Sobriety Checkpoints Legal in Illinois?
State laws differ with regard to sobriety checkpoints. Illinois has allowed the use of sobriety checkpoints to assess drivers for intoxication. However, there are certain rules that the police must follow when conducting these checkpoints. For example, checkpoints must be publicized in advance, and they must be conducted at locations that have a history of drunk driving accidents or arrests. Officers must have an biased procedure for determining which vehicles to stop. For example, they may decide to stop every third vehicle that passes through the checkpoint area. However, they cannot stop people based on racial prejudices or other types of bias.
How Can I Avoid Losing My CDL After an Illinois DUI?
If you own a commercial driver's license, you probably rely on your license to make a living. You may be a truck driver, bus driver, delivery driver, or another type of commercial driver. Regardless of what you do for a living, if you are arrested and convicted of driving under the influence (DUI) in Illinois, you could face the loss of your commercial driver's license (CDL). It is essential that you take steps to protect your future. Contact a DUI defense lawyer with experience representing CDL holders and start building your defense right away.
Defense Strategies for CDL Holders Accused of Drunk Driving
In Illinois, the legal limit for blood alcohol concentration (BAC) is 0.08 percent for most drivers. For commercial drivers, the legal limit is much lower. You can be charged with DUI if your BAC is 0.04 percent or higher. For some people, as few as one or two drinks can put you over the legal limit.
Can I Qualify for a Diversion Program if I Am Charged with Felony Drug Possession?
Drug addiction touches the lives of millions of people throughout the United States. While the criminal justice system has traditionally treated drug addiction as a crime, there is an increasing recognition that addiction is a disease that should be treated. This is especially true in states like Illinois, where lawmakers have passed legislation aimed at providing treatment instead of jail time for certain non-violent drug offenders.
If you are facing felony drug charges in Illinois, it is important to speak with an experienced criminal defense attorney who can help you understand your options and fight for the best possible outcome in your case. In some cases, it may be possible to participate in a drug treatment program instead of going to jail.
Felony Criminal Charges for Drug Possession
Possession of cocaine, morphine, heroin, fentanyl, methamphetamine, PCP, LSD, or another illegal drug is usually a felony crime in Illinois. The penalties for felony drug possession depend on the type and amount of drug involved, as well as the offender’s prior criminal history. For example, a first-time offender convicted of possession of 15-99 grams of cocaine could be sentenced to between four and 15 years in prison. However, someone convicted of possessing 100-400 grams of fentanyl faces nine to 40 years behind bars.
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