Posted on January 18, 2024 in Underage Drinking

Underage drinking is a problem in Illinois. When a person younger than 21 decides to drink and drive, it is illegal, and Illinois has no problem taking away their license. Subsequent violations can see the penalties increase as they would for adults, resulting in possible jail time, fines, and further loss of driving privileges. A driving under the influence (DUI) conviction can destroy a young person's life before it has even begun. The best course of action when facing an underage drinking and driving charge is to consult an attorney immediately.

Violating Illinois’ Zero-Tolerance Law

A police officer can pull anyone over if they suspect the driver of the vehicle is driving under the influence of alcohol or drugs. As Illinois is an implied consent state, when someone is pulled over, a police officer has the right to request a sobriety test of the driver. The driver can then accept or refuse the sobriety test at their discretion. This is a field sobriety test that often requires the driver to perform a set of physical coordination tests. However, even if the driver chooses to accept the test and performs without complication, the officer can choose to submit the driver for a chemical test back at the station.

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 Posted on January 05, 2024 in Criminal Defense

Forever - that is how long a conviction will last on a criminal record. It is referred to as a “permanent” criminal record, after all. However, just because it remains on your permanent criminal record does not mean that all convictions will remain on your public record. Some convictions, and arrests that did not lead to a conviction, may be eligible for expungement or sealing. A solid criminal defense attorney can help determine which records can be sealed or expunged, and which cannot be washed away from the public eye.

Seal and Expunge

The primary difference between sealing a criminal record and expunging it lies in its permanence. Sealing a record still keeps the record around in both a physical and legal sense, although only certain parties will be able to see it. In contrast, expunging a criminal record strikes it from the books. It will delete any record of the criminal charge or arrest that ever occurred. Understanding which convictions can be sealed or expunged is important to keeping a clean public record. For a more in-depth conversation on which criminal records can be sealed or expunged, it would be best to speak with an attorney.

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 Posted on December 31, 2023 in DUI

Driving under the influence (DUI) is not specific to cars and trucks. Arrests can take place for anyone driving under the influence using other recreational vehicles, such as an all-terrain vehicle (ATV) or boat. Though they may not be common, there are attorneys with enough experience in these situations who can help defend your rights from recreational vehicle DUI charges.

What is Driving Under the Influence (DUI)?

Driving under the influence (DUI) in the state of Illinois consists of a driver who:

• Is driving under the influence of alcohol or drugs

• Has a blood alcohol content (BAC) level of 0.08 percent or higher

Drivers for whom these situations apply can find themselves pulled over, arrested, and charged with DUI. In Illinois, a driver who is convicted of DUI while operating a recreational vehicle will suffer the same penalties as if the vehicle was a typical car, truck, or SUV. 

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 Posted on December 22, 2023 in Domestic Violence

So your spouse has filed for an order of protection against you for domestic violence. What can you do in this situation? You could lash out irrationally, making matters worse, or you can respond with a level head, void of any emotional outbursts, in a respectful manner. Understanding your legal rights regarding a response is important as you only have a limited time in which to respond. At this time, it is prudent to involve an attorney experienced in these kinds of cases.

Protective Orders

Protective orders, or orders of protection, are limited to family members, household members, former or current spouses, romantic partners, and individuals who share a home (roommates). They are used as protection against domestic abuse. Violating a protective order could lead to criminal charges or time in jail.

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 Posted on December 15, 2023 in Criminal Defense

In Illinois, as long as there is intent to steal, burglary and attempted burglary are the same thing. So, even if an alleged burglar had no chance to steal anything, if they were in an unauthorized area with the intent to steal something, then they can face burglary charges. If you are facing charges of burglary, you must remember to contact a lawyer immediately. A criminal defense attorney will be able to defend your rights during interrogation and in a court of law.

How is Intent Proven?

As intent is the only thing required to prove burglary has taken place, it is often the biggest point of contention in court by the prosecutor. If nothing was stolen, and the defendant has admitted to nothing, then how can they prove intent?

Police will thoroughly investigate the crime scene in search of clues for any indication of intent to steal. They may also conduct interviews with many parties, which include:

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 Posted on December 05, 2023 in Criminal Defense

Misdemeanor charges are plentiful in the state of Illinois. Though a misdemeanor will typically carry a penalty lesser than a felony, it should be taken no less seriously. There are several different types of misdemeanors one can face charges of in Illinois. Each misdemeanor carries its own penalties and sentencing. An experienced criminal defense attorney is a good friend to have when facing misdemeanor charges or any criminal charges in Illinois.

Understanding Illinois Criminal Charges

Not all misdemeanor charges require legal representation but a good lawyer is always something to consider when being charged with any criminal offenses. Misdemeanors are categorized as a lower class of criminal charge, felonies being the higher of the two. A petty offense is the lowest charge possible, only resulting in a fine. Which charge you receive depends on the specifics of the crime.

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 Posted on November 30, 2023 in Criminal Defense

Illinois is an implied consent state, meaning anyone who gets behind the wheel of a motor vehicle is consenting to sobriety testing. Sobriety testing is often used in determining whether or not a driver was driving under the influence (DUI) or driving while intoxicated (DWI). Refusal to accept a breathalyzer test to record your current blood alcohol content (BAC) level can have serious consequences, which could see your driver’s license suspended or worse. An attorney who handles DUI defense cases can easily guide you through what to expect when facing such charges and formulate a defense for your trial.

The Penalties For Refusing a Breathalyzer Test

Refusal of a breathalyzer test can see your driver’s license summarily suspended for a minimum of one year; depending on whether this is a first-time offense, you have not been convicted of a DUI in the last five years. Repeat offenders with DUI convictions are looking at a driver’s license suspension of three years.

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 Posted on November 22, 2023 in Criminal Defense

Attempting to make a gas station purchase using Monopoly money is more likely to get you laughed at than anything else. However, using counterfeit bills to buy anything could land you in deep trouble with Illinois law. Using counterfeit money carries very steep penalties, which include having a hard time in prison. Forgery and fraud charges are no laughing matter. Facing these charges alone is a mistake, and you would do well to consult a criminal defense attorney experienced in fraud defense cases.

What is Counterfeit Money?

For currency to be counterfeit, it must be forged, altered, or falsely made. The bills must also look authentic enough to the real thing, so much so that they could fool the average person for a prosecutor to make any counterfeit charges stick. However, a prosecutor could still charge you with fraud, forgery, or theft by deception. Other fabrications that can be considered fake include:

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 Posted on November 14, 2023 in Traffic violations

Traffic violations are a common occurrence in the state of Illinois and the country as a whole. But which infractions are the most common, and what penalties are you likely to face when charged? When staring down charges for traffic violations, you must understand your rights and secure an experienced defense attorney to defend you.

Speeding

It is quite the obvious entry to the list as it is the most common traffic violation you will come across in Illinois. Obeying the speed limit can prevent you from being pulled over and slapped with a speeding ticket. Speeding puts both you and others on the road in potential danger. The side effects could be deadly for all parties involved.

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 Posted on November 03, 2023 in Traffic violations

Scott’s Law has been in effect since 2002, yet some individuals still may not fully understand it and the penalties they can face when violating the traffic law. Illinois continues in its attempt to educate drivers on the proper procedures regarding Scott’s Law and the safety of emergency responders, even implementing a change to the law in 2017 to apply to all vehicles displaying flashing emergency lights. Violating Scott’s Law can carry minor to severe penalties, depending on the offense. A strong lawyer committed to defending your rights will help you better understand the traffic violations you face and how best to defend yourself against them.

What is Scott’s Law?

Scott’s Law, also called the “move over” law, requires drivers to proceed cautiously when passing stopped emergency vehicles by slowing down and switching lanes to avoid a collision with the vehicle or any individuals in the area. The emergency vehicles should display alternating flashing yellow, red, red-and-blue, blue, or red-and-white lights to indicate they are authorized emergency vehicles.

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