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Recent Blog Posts
Wrong-Way Accidents Are on the Rise in Illinois
In Illinois, the number of wrong-way crashes has increased by 15 percent in the past three years. Driving the wrong way is considered a traffic violation in Illinois but if the crash results in an accident or injuries the penalties are more serious. Depending on the circumstances of the crash, it is best to seek the help of a criminal defense attorney. At The Law Office of Brian J. Mirandola, it is our job to help clients who erroneously caused an accident or those who may have had a lapse in judgment at the time.
Penalties for Wrong-Way Driving
Wrong-way drivers can cause catastrophic crashes because they usually occur head-on and at high speeds. According to AAA, six in ten wrong-way collisions involve alcohol impairment. In addition, many wrong-way drivers are elderly and have difficulty navigating roads or recognizing signs. Here are general penalties you could face for wrong-way driving:
- Reckless Driving – Endangering the safety of others on the road. Reckless driving is a misdemeanor offense in Illinois and you could face stiff fines, possible license suspension, and up to one year in jail.
Road Construction Season Is in Full Swing: Do Not Jeopardize Your Driving Record
Schools have let out for the summer and families are hitting the road on vacation. Do not be surprised if you encounter traffic congestion. This is also the time of year when road crews take advantage of daylight savings time to perform construction work and maintenance. Without a doubt, you may feel frustrated and want to bypass the traffic. More than 6,700 motor vehicle accidents occur in Illinois construction zones every year leading to more than 1,600 injuries, in many cases, speed is to blame. Keep in mind that speeding in a construction zone could lead to much more than a construction zone ticket.
Monitoring Road Work Ahead
An interactive map is currently available to residents so they stay updated on county-wide construction projects including highway resurfacing, intersection improvements, and bridge replacement. Drivers are urged to avoid construction zones when possible to minimize congestion. If you absolutely have to drive on these roads, you should follow the signs for construction zone speed limits and partial lane closures to keep you and construction workers safe.
Are You Facing Stolen Vehicle Charges? Understanding the Consequences
In 2022, nearly 39-thousand cars were stolen in Illinois. That is a 35 percent jump in the number of stolen vehicles between 2021 and 2022. But possession of a stolen motor vehicle is a serious offense that can have significant consequences on your life. Such charges may create obstacles if you are trying to get a bank loan or find employment. If you are facing charges for possession of a stolen motor vehicle, The Law Office of Brian J. Mirandola recommends that you seek legal representation to protect your future and effectively navigate the legal process.
Why You Need Legal Representation
If you are found in possession of a stolen vehicle, you could face felony charges that carry severe penalties, including time in jail and hefty fines.
If you stole the car, purchased it unknowingly, or borrowed it without permission, you will still face the same felony charge. Therefore, it is crucial to seek the assistance of an experienced Illinois criminal defense attorney as soon as possible. An attorney can help negotiate with the prosecution to potentially reduce the charges or penalties you face. With their knowledge and experience, they can help you protect your rights and work towards the best possible outcome in your case.
Are You Facing Drug Charges after an Illegal Search and Seizure?
Recently, in Illinois, fentanyl-laced pills worth up to $10 million were found in an I-57 traffic stop. Last year, Illinois State Police and drug task groups seized nearly 27 thousand pounds of drugs. But what happens when authorities violate your rights during a search and seizure? While it is against the law to possess any amount of controlled substances if police illegally searched your car and found drugs, you may have a strong defense in court as they may constitute an illegal search and seizure. If you are facing drug crime charges, it is important to understand the serious consequences that can come with a conviction and to seek the help of a criminal defense attorney.
A Violation of Constitutional Rights
The Fourth Amendment of the United States Constitution protects citizens from illegal search and seizure. That means that law enforcement officials must have a warrant or probable cause to search your home, car, or person.
Domestic Violence Among LGBTQ Partners Is on the Rise: Protecting Your Rights
June is LGBTQ+ awareness month, so what better time to address a growing problem among same-sex couples? Recent research shows that members of the LGBTQ+ community experience domestic violence at a similar or higher rate than heterosexual couples and that 18 percent of reported incidents of intimate partner violence or IPV increased following the pandemic. At The Law Office of Brian J. Mirandola, our priority is to protect the rights of our clients while also recognizing the harm caused to others.
Who Can Be Responsible for Domestic Violence
When it comes to family conflict, same-sex couples face similar problems as heterosexual couples. Domestic violence occurs between people who are or have been in a close relationship. Often it involves emotional, sexual, and physical abuse. If someone threatens, stalks, or harasses someone else, it can be deemed domestic violence. Research shows that cases involving severe violence are higher among same-sex relationships. If you fear for your life it is important to seek protection. In Illinois, a person has a right to file an order of protection against the following people:
What Happens If I Violate an Order of Protection?
If you are accused of domestic violence and you have violated the terms of a protective order it could be a serious criminal offense. The only way to reverse the order is to contest the order in court with the help of an attorney. Restraining orders, even temporary ones, should not be taken lightly. Violating a protective order can lead to time in jail even if you believe that the order is not fair. You may have made a mistake or perhaps you had a valid reason for violating the order. At The Law Office of Brian J. Mirandola we understand that depending on the circumstances of your case, offering an explanation to the judge can make a big difference.
Three Types of Orders of Protection
An order of protection often comes with criminal penalties even though a civil court issued the order. It will mandate a person to stop harassing, threatening, or harming another person. The person filing the petition can file a case against a family member, the parent with whom the couple shares a child, a caregiver, a current or former boyfriend, girlfriend, spouse, or roommate. This year the process became slightly more practical because a petitioner can file an Illinois order of protection online or in person.
Understanding a Cannabis DUI
Consuming cannabis better known as marijuana is legal in Illinois although there are age restrictions. However, driving under the influence of marijuana is not permitted. Even if you use marijuana for medicinal purposes it is still illegal to drive under the influence of cannabis. Illinois lawmakers are considering a law that would prevent law enforcement officials from searching your vehicle simply because the smell of marijuana emanates from the car. So what are your legal options if you are facing a cannabis DUI?
Recreational Use and Cannabis DUI Charges
Tetrahydrocannabinol or THC (cannabis) is a mind-altering chemical in marijuana. If a person has a THC concentration of 5 or more nanograms in their bloodstream or 10 or more nanograms in any other bodily substance within two hours of driving, they can be charged with driving under the influence of drugs. The penalties for a cannabis-DUI conviction can include fines, license suspension, and jail time.
I Am Facing Drug Possession Charges
In Illinois, it is against the law to possess drugs, even in small amounts. That includes controlled substances such as heroin, fentanyl, cocaine, and others. Under the law that includes medicine in your possession that was not prescribed to you. It is considered illegal possession of drugs under the law and you could face serious criminal charges. If you are facing any type of drug possession charges it is important to seek the help of a criminal defense attorney.
Charges and Drug Classification
Charges and penalties for drug possession depend on the type of drug, the quantity of drugs, and the person’s criminal history. The crime and possible sentence are also partially dependent on the classification of the drug. Controlled substances are classified into five different groups based on the substance’s potential for abuse and whether there is a medical use for the substance.
How to Respond if You Have Been Falsely Accused of Domestic Violence
Domestic abuse is a serious issue that affects many families, and it can lead to physical injuries and emotional trauma for victims and other family members. However, there are some situations where a person may be falsely accused of physical, verbal, or emotional abuse. False accusations from a vindictive soon-to-be ex can lead to emotional distress and grave consequences, affecting a person’s livelihood and their personal life. The damage can be irreversible, and when these accusations lead to criminal charges, a person may be convicted, which could lead to a prison sentence, large fines, and other consequences. If you have been falsely accused, it is important to act quickly and seek the assistance of a skilled domestic violence attorney who will fight for your rights.
Think About Your Defense Strategy
In many cases, it is best to avoid contact with your accuser. This can be difficult, especially if you are in the middle of divorce proceedings and need to work out issues related to your marital property, the custody of your children, the possession of a shared residence, or other legal and financial concerns. When discussing these concerns, things can quickly escalate, leading to further accusations or other issues that could affect criminal charges related to domestic violence. If you absolutely must talk to your accuser, it is best to make sure you have your attorney or a neutral third party present. The same considerations will apply if you living together with an unmarried partner or if your accuser is a boyfriend, girlfriend, or roommate.
What to Expect in Illinois if This is Your First DUI
Did you make the mistake of drinking and driving and are now worried about facing a DUI? If you have been charged with a DUI, you may be feeling overwhelmed. It is important to understand that even as a first-time offender, the legal consequences of a DUI can be severe. In most states, a first-time DUI is considered a misdemeanor offense.
Defining DUI
Driving under the influence or DUI is not legal in Illinois. It essentially means that a person is in control or possession of a moving vehicle while impaired by alcohol or drugs, even if it is prescribed medication. A driver with a blood-alcohol content or BAC of .08 or more could be arrested and charged with a DUI. The same is true if the driver is under the influence of other intoxicating substances, including cannabis prescribed for medicinal reasons.
First-time DUI Conviction Consequences
The penalties for a first-time DUI vary depending on the circumstances of each case. If you are convicted of driving under the influence of alcohol or another controlled substance these are some of the legal ramifications you could face if you are a first-time offender:
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