Posted on July 26, 2021 in Criminal Defense

Interactions with police and other authority figures can make for very tense situations. It is imperative to be mindful of your actions and how those actions may be perceived during these exchanges. Most people know to comply with an arresting officer, even if that means being placed in handcuffs. However, the faintest of actions may be perceived as defiance, landing an additional charge of resisting arrest. Because this misdemeanor can lead to such harsh penalties, it is critical to understand both what is expected of you as well as your constitutional rights during and after this confrontation. 

Resisting Arrest Explained

Resisting arrest is a very serious charge that can lead to severe consequences. The defining factors of this charge are so vague that offenders may not even be aware of how their actions are being perceived -- or misperceived. In the state of Illinois, if an individual knowingly obstructs the performance of a peace officer, firefighter, or correctional institution employee, they could be charged with resisting arrest. Obstruction can be perceived and defined in many different ways, making this charge incredibly common. Some actions that could potentially lead to a resisting arrest charge include:

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 Posted on July 21, 2021 in Criminal Defense

The most widely known right to all United States citizens is the right to be considered innocent until proven guilty. While this right alone plays a vital role in our justice system, it's critical to recognize the importance of the other rights held by any and all criminal defendants. If you have been charged with a crime, a Kane County criminal defense attorney can help you protect your rights and represent your best interests in the case. 

What Are My Rights as a Defendant in a Criminal Case?

In the United States, individuals accused of a crime have certain rights. These rights include but are not limited to:

• The Right to a Speedy Trial - Every defendant in the state of Illinois has the right to a speedy trial. This permits a time constraint of 120 days for the individual to be tried in court after being taken into custody. This law is supported by the state’s compulsory joinder rule. 

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 Posted on July 09, 2021 in DUI

With the legality of marijuana expanding across the 50 states and prescription medication becoming ever more common, the laws surrounding drugged driving continue to adapt. Because of these adaptive and varied cases, it is important to understand the available options when faced with driving under the influence (DUI) charges. While DUI laws may initially seem confusing, a Kane County defense attorney can help you move forward. 

The Illinois vehicle code statute includes seven ways in which someone may be found guilty of driving under the influence. It is against the law to drive while impaired driving due to by drug or combination of drugs. Cases and outcomes can vary immensely based on the legality of the drugs in the person’s system. Since legalizing recreational use of marijuana in Illinois in 2020, driving under the influence of marijuana is addressed similarly to drunk driving. The legal limit for THC is 5 nanograms of THC per milliliter of blood.

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 Posted on June 25, 2021 in Theft

With prices going up and wages stagnant, retail theft is becoming a more common occurrence in Illinois. Getting arrested for retail theft is a serious matter that can carry heavy consequences, like fines, jail time and a permanent criminal record. If the price of the stolen goods exceeds $300, you could even be charged with a felony. 

Steps to Take If You Are Facing a Retail Theft Charge

Facing a retail theft charge can certainly be a frightening experience. However, what you do after the fact can have a major impact on the outcome of your case. Here are a few steps to take if you are charged with this crime.

• Do not run away from store security. When you are about to be detained by store security for shoplifting, you may feel nervous and scared. However, that does not mean you should try to flee the scene. Doing so can make you look guilty and further complicate your case. To avoid more issues, comply with security.

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 Posted on June 18, 2021 in Felonies

One of the most violent and dangerous types of crime is arson, or starting fires intentionally. The Federal Bureau of Investigation (FBI), which defines arson as any “willful or malicious burning or attempting to burn with or without intent to defraud…”, states that there were nearly 33,400 incidents of arson that took place in the United States in 2019. Arson can often lead to serious injuries or even death, which is why it is punished accordingly in Illinois. If you have been charged with arson, you should know the penalties for the crime and any related charges that you may be facing.

What is Arson in Illinois?

Arson is committed when a person uses fire or explosives and:

• Damages real or personal property valued at $150 or more; or

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 Posted on June 11, 2021 in Felonies

In everyday conversation, we often use the terms “theft,” “robbery,” and/or “burglary” in place of one another. However, in the legal world, these three terms all have very distinct meanings and carry different sentences if a person were to be convicted of those crimes. A burglary charge is a serious offense in Illinois and can result in felony charges and potential imprisonment. If you have been accused of burglary in Illinois, having a skilled criminal defense attorney on your side can be immensely helpful. 

Defining Burglary and Residential Burglary in Illinois

When a crime is referred to as “burglary,” the alleged crime took place in a building, such as a warehouse. In the state of Illinois, a charge exists specifically for burglaries that take place inside of a person’s home. The crime of residential burglary occurs when a person knowingly and without authority enters or remains inside of a person’s home with the intent to commit a felony or theft.  In other words, you do not actually have to commit a crime or steal anything -- you can be convicted of residential burglary if the prosecution can prove that you unlawfully entered the home and had the intention of committing a crime or theft. A residential burglary offense can also apply to a person who falsely represents themselves as a person from a utility, construction, or telecommunications company, or member of the government, with the intent of committing residential burglary.

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 Posted on June 04, 2021 in DUI

Despite decades of anti-impaired driving ad campaigns, driving under the influence (DUI) remains a prominent issue in the United States. According to the Illinois Secretary of State, there were more than 26,000 arrests made for driving while under the influence of drugs and/or alcohol in Illinois alone in 2019. DUI can be extremely dangerous and sometimes even deadly for those on the road. The National Highway Traffic Safety Administration (NHTSA) reported more than 10,100 deaths occurred due to drunk driving accidents across the country in 2019. DUI is often punished harshly to attempt to deter offenders from reoffending. Various factors can affect the severity of a DUI conviction, but many people do not realize that their blood alcohol content (BAC) level can also affect their DUI charge.

BAC and DUI

In nearly every state, the legal limit for your blood-alcohol concentration (BAC) when operating a vehicle is 0.08 percent. If you take a breathalyzer test and your BAC registers as anything over 0.08, you are technically driving under the influence of alcohol and can be arrested and tried for DUI. The actual value of your BAC can also affect the severity of your DUI charges.

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 Posted on May 28, 2021 in Criminal Defense

In some situations, the only way to protect yourself or others is to use physical force against another person. Nearly every state has a law governing the use of force against other people and when it is and is not appropriate, including Illinois. Everyone has the right to protect themselves from danger, even if the consequences become serious, but you must be able to prove that your use of force was in fact legal. If you are facing charges for assault and/or battery stemming from self-defense, you should immediately speak with a skilled Illinois criminal defense lawyer about your options.

Use of Force Against Another Person

Illinois law states that a person is justified if they use force against another person if they reasonably believe that the use of force is necessary to defend themselves. However, if the force used is deadly force, it is only justified if the person using that force reasonably believes that the use of deadly force was the only way they could protect themselves or another person from death, great bodily harm, or the commission of a forcible felony. This means that you must be able to prove that the person you acted against acted in a way that was threatening to your personal safety, that using force was the only way to protect yourself, and that the level of force you used was reasonable and appropriate for the situation.

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 Posted on May 21, 2021 in Probation Violations

In general, a probation sentence is considered one of the more desirable sentences after a criminal conviction. Probation is an alternative to jail time when you have been convicted of a crime. Sometimes, a judge may sentence a person to probation if the crime they were convicted of was not serious or if the person does not pose a risk to society. When you are on probation, there are likely going to be various requirements you must meet, as well as certain things that you will not be permitted to do. If you violate any of the terms of your probation, you could end up in more trouble than you originally were.

Attending Your Probation Hearing

If your probation officer notifies the probation board that you have allegedly violated the terms of your probation, the board will likely request your presence at a hearing to determine what will be done about the situation. If the court finds that you have violated the terms of your probation, there are three things that could happen: the court could decide to maintain the terms of your probation, allow you to continue with probation with modified terms, or the court could revoke your probation and enter any other sentence available for your original crime.

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 Posted on May 14, 2021 in Traffic violations

There are so many rules that you must follow when you are driving, it is not difficult to break one of those rules. If you are caught breaking those rules, however, it is likely that you will receive a traffic citation. Most people have received at least a small citation in their lifetime, but the penalties for traffic violations can vary depending on the specific offense and the seriousness of the offense. In some cases, you may be required to attend a hearing in traffic court. 

Traffic Court Procedure

If you do have to attend traffic court, the officer issuing you the ticket will inform you of this, as well as check a box on your ticket that states this requirement. If you have received a traffic violation requiring you to attend traffic court, here is the procedure you should expect to go through:

1. Determining your plea: When you are issued a ticket, you must sign the ticket to acknowledge that you have received it, whether or not you agree with the citation. If you are not required to attend traffic court, but you disagree that you are guilty, you can request a traffic court hearing.

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