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Recent Blog Posts
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:
When Is Aggravated Speeding a Criminal Offense?
Getting pulled over in Illinois for driving over the speed limit, can lead to arrest because it is considered a criminal offense. And while this does not happen often, if someone is arrested for excessive speeding, there are likely aggravating circumstances such as weaving through traffic. In 2020, 11,258 people were killed because of speed-related traffic crashes. There are circumstances in which speeding is more than a traffic violation and a driver could face jail time, and risk losing their driver’s license. In Illinois, aggravated speeding is a crime that results in misdemeanor criminal charges. If you're driving in Illinois, it's important to be aware of the consequences of receiving an aggravated speeding conviction.
What Is Considered Excessive Speeding?
If you're driving in Illinois, it's important to be aware of the consequences of aggravated speeding. Depending on how far over the speed limit you are traveling, it can result in either a Class B or Class A misdemeanor.
How to Get a License Reinstatement after a DUI Arrest
Most people are aware that if you are convicted of drinking and driving under the influence of drugs or alcohol you could lose your driving privileges. In the state of Illinois, two things can happen. Your driver’s license could be suspended or revoked. So what is the difference? Many criminal offenses, not just traffic violations, call for a suspension or revocation of a person’s license.
License Suspension
Having your driver’s license suspended is the more lenient punishment of the two. That is because driving privileges are suspended for a specific period. Here are some reasons why a driver’s license could be suspended:
- Failing a chemical test after a DUI arrest
- Refusing a chemical test after a DUI arrest
- Having any trace of alcohol in your system if you are under 21 years old
- Failing to appear in court for a traffic violation
Could I Face Criminal Charges for Violating the Move Over Law in Illinois?
There is an ongoing effort in Illinois to better educate drivers about navigating emergency zones. Just last month, a semi-truck blew through a construction zone and plowed into the back of an Illinois State Trooper’s car. There are an increasing number of crashes involving Scott’s law violations commonly referred to as the “Move over Law,” which is designed to protect first responders and other emergency personnel stopped on the side of the road. Depending on the circumstances of this traffic violation it could be considered a criminal offense.
What Constitutes an Authorized Emergency Vehicle?
Under Scott’s Law, when other cars approach a stationary police or emergency vehicle on the side of the road that has its emergency lights on, other vehicles must proceed with caution. The law has evolved and requires that motorists move over when they are approaching any disabled vehicle with its hazard lights on. Vehicles that are commonly classified as authorized emergency vehicles include the following:
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