The Law Office of Brian J. Mirandola

CALL FOR A FREE CONSULTATION

47 DuPage Court, Elgin, IL 60120

847-488-0889

Recent Blog Posts

What to Expect at a License Reinstatement Hearing

 Posted on October 20, 2023 in Traffic violations

Kane County traffic violations lawyerYour license may face suspension or revocation when certain traffic violations are committed. As long as your license remains eligible for reinstatement, a reinstatement hearing may be required to lift the suspension or revocation of your license. A license can be suspended or revoked for many things, including speeding, driving under the influence (DUI), and reckless driving. Having an experienced attorney in your corner who understands the laws and charges you are facing is your best chance at getting your license reinstated.

What is a Formal License Reinstatement Hearing?

Formal hearings are contested proceedings where an opposing attorney represents the Secretary of State. This attorney is referred to as a hearing representative. These hearings are for the reinstatement of suspended and revoked driver’s licenses or driving privileges. The driver can and should have legal representation in a formal license reinstatement hearing as they face both direct and cross-examination. Proper preparation and presentation are the keys to a case that does not wish to end in a denial of relief result.

Continue Reading ››

Understanding a Plea Deal in Illinois

 Posted on October 13, 2023 in Criminal Defense

Elgin criminal defense lawyerA plea deal, plea bargain, or plea agreement are all the same terminology used for an arrangement between a defendant and a prosecutor. The arrangement sees the defendant plead guilty to their accused crimes for reduced charges or a lighter sentence. Before signing any plea deal, it is smart to consult with a criminal defense attorney who has your best interests at heart.

What Can I Expect from Signing a Plea Agreement?

Sentence and charge reduction are only two reasons to sign a plea agreement. Other reasons include:

  • Getting through the proceedings faster
  • Dodging jail time
  • Avoiding a need for a jury of your peers

Continue Reading ››

Reasons to Expunge or Seal a Juvenile Record

 Posted on October 05, 2023 in Expungement

Untitled---2023-10-05T162119.566.jpgThere are many reasons why you might want to expunge or seal your juvenile record. The most common is to hide your records from prospective employers, educational institutions, and landlords who run background checks.

You may be able to get a juvenile record expunged in Illinois. Expungement of criminal records can help you to improve your life and achieve your goals. If you are considering expunging your juvenile record, you should consult with an experienced criminal defense attorney.

What is the Difference Between Sealing and Expunging?

Sealing and expunging are two different processes for dealing with criminal records. Sealing a record means that it is hidden from public view, but it can still be accessed by certain people, such as law enforcement and judges. Expunging a record means that it is erased and cannot be seen by anyone, including employers and most government agencies. However, if you were to commit future offenses, law enforcement may still have access to your records.

Continue Reading ››

The Ramifications of Being Caught with a Fake Government ID

 Posted on September 27, 2023 in Felonies

Untitled---2023-09-27T133356.865.jpgA false or fake ID refers to any form of identification that has been forged, altered, or used to falsely represent someone's identity. Falsifying government identification is a serious crime with several potential ramifications. In Illinois, the penalty for being caught with a fake ID can range from a Class 4 felony to a Class 2 felony.

Being caught with a fake government ID will require that you act quickly to protect your rights. Contact a criminal defense lawyer as soon as possible to discuss your case.

Carrying a Fake ID is a Felony

Possessing a fake ID is classified as a Class 4 felony as outlined in statute 15 ILCS 335/14(b). It states that individuals who knowingly possess or display a fake ID can be found guilty. Penalties for a Class 4 felony can include:

Continue Reading ››

What Evidence Does a Prosecutor Need to Prove That I Stole a Car?

 Posted on September 19, 2023 in Felonies

Kane County, IL carjacking defense lawyerWhen facing stolen car charges in Illinois, it is important to understand what evidence the prosecution needs to prove to convict you. The prosecution must prove beyond a reasonable doubt that you knowingly possessed a stolen vehicle. This means that they must prove that you knew the vehicle was stolen at the time you had it.

The evidence that the prosecution may use to prove stolen car charges can vary depending on the specific circumstances of the case. Common types of evidence that a prosecutor may use as proof include eyewitness testimony and physical evidence.

It is important to note that even if the prosecution has evidence that you possessed a stolen vehicle, they still must prove that you knew the vehicle was stolen. This can be difficult for the prosecution to do, especially if you have a credible explanation for how you came to possess the vehicle. To help develop a strategy to better explain the credibility of your reasons, consult an attorney.

Continue Reading ››

What is a Red Light Camera Ticket and How Can I Fight It?

 Posted on September 12, 2023 in Traffic violations

Kane County, IL traffic violation lawyerA red light ticket is a citation issued to a driver who fails to stop at a red light. In Illinois, red light tickets are issued by automated cameras that are mounted at intersections. The cameras take a picture of the vehicle as it enters the intersection after the light has turned red.

A red light or stop sign violation may be considered reckless driving, depending on the circumstances. Reckless homicide charges are possible for violations that result in the death of another person.

You should immediately contact an attorney if you have been charged with a reckless driving offense in Illinois. An attorney with experience and understanding can help you fight the charges being lobbied against you and protect your rights.

Continue Reading ››

I Am Being Prosecuted for Retail Theft in Illinois. What Do I Do?

 Posted on September 06, 2023 in Theft

Kane county retail theft lawyerProsecution for retail theft in Illinois is no laughing matter. You must understand your rights and options. You have the right to an attorney, and it is strongly advised that you exercise this right. An experienced criminal defense lawyer can help you understand the charges against you, build a strong defense, and protect your interests in court.

What are the Penalties for Retail Theft in Illinois?

The penalties for retail theft vary depending on the value of the property stolen. If the value of the property is less than $300, it is a Class A misdemeanor, which is punishable by up to one year in jail and a fine of up to $2,500. This can be bumped up to a Class 4 felony if the individual:

Continue Reading ››

Five Sneaky Financial Moves That Can Land You in Hot Water

 Posted on August 26, 2023 in Criminal Defense

IL defense lawyerIllinois takes a firm stance against fraud, leaving no room for deceptive practices. From businesses to individuals, the state leaves no stone unturned when it comes to safeguarding the sanctity of transactions. In the intricate world of finance, some actions might seem inconspicuous, but forgery and deceptive practices pack a punch when it comes to legal repercussions that go beyond monetary fines and jail time. Imagine being turned down for loans due to a criminal record or facing roadblocks while trying to secure a rental. In this blog, we will take a closer look at financial moves that can lead to trouble.

Keep Your Finances on the Right Track

Whether it is altering information or misrepresenting the facts, these moves are considered deceptive practices and they are against the law in Illinois. Here are five forms of trickery that come with serious legal consequences:

Continue Reading ››

Navigating Your First DUI

 Posted on August 16, 2023 in DUI

IL DUI lawyerFacing a drunk driving charge can be a stressful and overwhelming experience, especially if this is your first encounter with the legal system. In Illinois, 86 percent of all drivers arrested for DUI are first-time offenders. You may be scared and not realize that you have options. Trying to understand how to defend yourself can be tricky so we recommend reaching out to The Law Office of Brian J. Mirandola to have an experienced criminal defense attorney help you during this difficult time.

First Offense

Under Illinois law, a first DUI offense occurs when someone has not had his or her license suspended within the past five years, has a DUI conviction or assigned court supervision for DUI, or has a DUI conviction outside of Illinois. These are some common scenarios for first-time offenders and the impact on driving privileges:

  • Chances are you were given a chemical test when you were pulled over by an officer. If you have been told that you failed the test and this is your first offense, your driving privileges will be suspended for six months.

Continue Reading ››

When Is a BAIID Required in a DUI Conviction

 Posted on August 14, 2023 in DUI

IL DUI lawyerNavigating the aftermath of a DUI charge can be a complex and challenging process, especially when it comes to reclaiming the freedom to drive. That is when a Breath Alcohol Ignition Interlock Device (BAIID) becomes an essential aspect of the journey. In Illinois, approximately 12,000 individuals drive with a BAIID that has been installed in their vehicle. This device, though imposing at first glance, plays a pivotal role in not only reinstating driving privileges but also in promoting responsible behavior behind the wheel.

Advanced Technology

In most states, including Illinois, a BAIID is required for individuals who have been convicted of driving under the influence offenses. A BAIID uses advanced technology to detect the blood-alcohol content (BAC) of the driver before the vehicle starts. The device is installed in the ignition of a vehicle and prevents the driver from starting the car if their breath registers an elevated BAC of .025 or more.

Continue Reading ››

Avvo Illinois State Bar Association Kane COunty Bar Association
Back to Top