Posted on December 27, 2021 in DUI

Most charges for driving under the influence (DUI) result from traffic stops. Often, field sobriety tests are used to assess a driver for signs of intoxication prior to the DUI arrest and subsequent charges. If you are like many people, you may wonder: Will I get a DUI if I fail a field sobriety test? What if I failed because of a medical problem? Are field sobriety tests even accurate?

Field Sobriety Tests and Drunk Driving Charges

When a police officer suspects someone of driving under the influence, he or she may use two types of tests to evaluate the person for signs of intoxication: chemical blood alcohol tests such as a breathalyzer and field sobriety tests. The results of these two preliminary tests are often used to establish probable cause for a DUI arrest.

Failing a field sobriety test may give a police officer sufficient reason to put a driver in handcuffs and take him or her to the police station for further assessment. However, failing a field sobriety test does not necessarily mean that DUI charges will become a DUI conviction. There are many different DUI defense strategies that may be used to avoid conviction.

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 Posted on December 20, 2021 in Underage Drinking

Everyone knows that the drinking age is 21 in Illinois. However, this does not prevent many teens and young adults from drinking alcohol before age 21. Underage drinking can lead to driver’s license suspension and even jail time in some cases. Tragically, statistics show that eight teenagers in the U.S. die every day in drunk driving crashes. To be clear, underage drinking can lead to life-changing consequences. If you or your child has been charged with an alcohol-related crime, speak to a juvenile criminal defense lawyer for legal advice right away.

Underage Drinking and Alcohol Possession in Illinois

It is unlawful for anyone younger than 21 years old to purchase, receive, or consume alcohol. The one exception to this law is alcohol consumption in an underage person’s home or at a religious service when they are under their parent’s supervision. Using a fake ID to buy alcohol is also a criminal offense in Illinois. Violating these laws could lead to Class A misdemeanor charges.

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 Posted on December 13, 2021 in Drug Crimes

If you or a loved one were charged with possession, sale, or manufacture of a controlled substance, you may be searching for information about what to expect. Drug charges vary dramatically based on the type of drug in question and the amount of the substance the person allegedly manufactured, sold, or possessed. Understanding what you are up against when you are charged with a drug-related crime can be difficult. Read on to learn about drug scheduling in Illinois and the potential penalties you or your loved one may face if convicted of the drug charge.

Illinois Classifies Drugs Based on Potential for Misuse and Medical Benefits

Many drugs that are sold or used illegally have legitimate medical purposes. For example, opiates like Vicodin and OxyContin are powerful pain relievers often used to relieve pain after surgery. Even fentanyl, an extremely potent synthetic opioid, is used lawfully to relieve pain in cancer patients. However, using these drugs without a doctor’s authorization is a criminal offense.

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 Posted on December 03, 2021 in DUI

Driving under the influence of drugs or alcohol (DUI) is a criminal offense in Illinois. However, the penalties for DUI vary considerably. If someone is arrested for DUI without any prior DUI arrests or convictions on their record, they usually face fines, probation, and temporary loss of their driving privileges. Often, first-time DUI offenders without aggravating circumstances are able to avoid jail time. However, the penalties for a second DUI are harsher. This is why it is so important to build a powerful defense strategy if you are arrested for DUI a second time.  

Criminal and Administrative Consequences for a Second DUI Offense in Illinois

Any criminal offense is serious, however, some offenses are punished more harshly than others. If you were arrested for DUI and you have a previous DUI conviction on your record, you will face additional penalties. These penalties include:

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 Posted on November 29, 2021 in Criminal Defense

Originally Posted February 16, 2016 ------ Updated November 29, 2021

Laws are always changing. This is one reason it is important to work with a knowledgeable criminal defense attorney if you or your child are charged with a crime. Amid the concerns about excessive use of force and other police actions in the last few years, Illinois has updated and expanded several statutes related to the juvenile criminal justice process. Among these changes is a new law that prohibits police from using deceptive interrogation tactics when they are questioning minors.

The legislation, which went into effect January 1, 2021, bars police from lying to juvenile criminal defendants. For example, police cannot claim to have evidence they do not actually have or lie about statements or confessions made by alleged co-conspirators. Lawmakers hope that these actions will help reduce the incidence of false confessions and wrongful imprisonment.

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 Posted on November 22, 2021 in Search Warrant

As an American, we have certain rights that are protected by the Constitution. Among these crucial rights is the right to be free from unreasonable searches and seizures of personal property. In other words, government officials, including police, must have a valid reason to search an individual’s property. However, what qualifies as an “unreasonable search” is not always easy to ascertain.

When Can Police Search My Home?

Police officers are limited in their ability to search a person’s house, apartment, mobile home, or other residence. Most of the time, police officers must get a search warrant before they can search a home. A search warrant will list the parameters of the search including the areas police are allowed to search and how long they have to complete the search.

There are exemptions to the search warrant requirement. Police may enter a person’s home and search for illegal materials or evidence of a crime without a search warrant under the following circumstances:

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 Posted on November 15, 2021 in BAIID

The state of Illinois has instituted significant penalties for individuals convicted of drunk driving. Depending on the circumstances of the offense and the driver’s criminal history, a conviction for driving under the influence can lead to fines, driver’s license suspension or revocation, and even jail time. Fortunately, Illinois law also offers DUI offenders options for regaining their driving privileges. Often, driver’s license reinstatement requires the driver to install a Breath Alcohol Ignition Interlock Device.   

When is a Breath Alcohol Ignition Interlock Device Required?

Most of us drive multiple times a day. You may need to drive to get to and from work, pick up your children, attend medical appointments, and fulfill other important responsibilities. Fortunately, there may be a way for DUI offenders to get back behind the wheel legally.

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 Posted on November 08, 2021 in Theft

Grocery stores and retail chains across the United States are relying on self-checkout kiosks more and more. Self-scanning checkouts can reduce costs and speed up the checkout lines. However, they also offer additional opportunities for theft. One study showed that $850,000 of goods were stolen from self-checkouts over the course of 1 million transactions.

If you or a loved one were charged with retail theft after using a self-checkout, contact a criminal defense lawyer for help. Shoplifting may seem like a petty offense; however, it can lead to significant criminal penalties and even jail time.

Misusing the Self-Checkout Can Have Serious Consequences

Self-scanning kiosks are becoming increasingly popular. At a self-checkout, the customer is responsible for scanning the items in his cart, bagging the items, and paying the total. However, self-checkouts are not always used correctly. Some customers intentionally or unknowingly miss items while scanning. Others switch price tags on items to avoid paying full price. Another common tactic is to ring up an expensive item as a lower-priced item. This so-called “banana trick” is possible when the price of the item is determined by the item’s weight. Actions like these may seem harmless. Many people accused of self-checkout tricks like these do not even realize that the actions are technically shoplifting. It is only when the police show up with handcuffs that they realize how serious the situation really is.

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 Posted on October 27, 2021 in Criminal Defense

 Domestic violence is a very real problem in this country. According to national statistics, almost 25 people per minute are victims of domestic violence. This comes out to more than 12 million victims every year. Far too many victims end up being killed by their intimate partners, and this has led the courts to take any accusations of domestic violence seriously. Unfortunately, some people make false accusations of domestic violence against a current or former partner because they have their own agenda. Not only is this unfair to real victims, but the severe consequences false allegations of domestic violence can have on a person’s life can be devastating.

Reasons Why People Make False Accusations

Given the damage a domestic violence accusation can cause to a person’s life, it may be hard to understand why someone would make a false claim like this. However, there are several common reasons why someone files false charges. Many of these allegations are made if a couple is going through a divorce or child custody battle in order to get the “legal” upper hand. A former partner may also be so angry over a breakup that they make the accusations out of vindictiveness.

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 Posted on October 25, 2021 in Criminal Defense

Having a criminal record can affect many areas of a young person’s future, such as employment, education, and housing, depending on the nature of the offenses they were charged with. Another area that can be impacted is a young person’s plan to join the military. It is not uncommon for a teen to go through their high school career with the intention of joining a branch of the military upon graduation. Many teens even do early enlistment, signing up in their junior year so everything will be in place when they have completed their senior year. But what happens if a person who wants to enlist in the military is arrested or already has a criminal record? Will that impact any military opportunities they were looking forward to?

Moral Character Screening

There are six branches of the U.S. Military, including the Army, Army National Guard, Navy, Air Force, Marines, and U.S. Coast Guard. When a person enlists in one of these branches, a Moral Character Screening of Credit and Criminal Background process is conducted. This screening process into a recruit’s background is extensive, searching for anything in their past that may disqualify them. The recruit is required to disclose any and all criminal cases they have had, including juvenile cases, as well as any cases that were expunged or sealed. Failure to make these disclosures could result in being charged with a felony offense.

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