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Recent Blog Posts
Self-Defense
When an argument or other conflict escalates to physical violence, it can be hard for police officers to understand exactly what happened. Often, anyone involved in the altercation is arrested. Arrests typically happen after an officer makes a quick decision on scene as to the so called aggressor in the fight. This can lead to an individual to be charged with assault or battery even if they didn’t start the fight.
If you or a loved one ended up in handcuffs after acting in self-defense, you may understandably be frustrated and unsure of what to do next. Contacting an experienced Will County criminal defense attorney as soon as possible can assist in your case.
Steps to Take If You Were Accused of Harming Someone Else in a Fight
Criminal defendants have important rights and asserting these rights is often the difference between an acquittal or dismissal and a guilty verdict. Police officers will likely ask questions about the altercation and the circumstances leading up to the fight. It is important to relay that you acted in self-defense. Getting into the weeds with multiple officers regarding the events can lead to confusion as to what actually happened and potentially lead to your arrest. Speaking to a defense attorney prior to giving a full or even a recorded statement on the events allows a coherent and direct statement to be presented. If you have already been charged or the police want you to participate further in their investigation, it is important you reach out to a criminal defense attorney as soon as possible.
What to Do if You Are Charged with Cocaine Possession
In Illinois, drug crimes such as cocaine possession are aggressively prosecuted offenses that carry substantial penalties and fines. Today, we will discuss everything you need to know about cocaine possession charges, including penalties, what someone should do if they are ever charged with such a crime, and how a criminal defense lawyer can help you.
Penalties for Cocaine Possession
Cocaine possession in Illinois is almost always prosecuted as a felony offense. This means that if you are convicted, you will likely be facing jail time and fines. In Illinois, any amount of cocaine is considered a Class 4 Felony, which can land the accused in prison for 1-3 years. However, selling less than a gram of cocaine is a Class 2 felony and can land you in prison for 3-7 years.
Greater quantities of cocaine possession are punished even more harshly. Possession of 15-100 grams of cocaine is punishable by a maximum prison sentence of 15 years. Possession of 100-400 grams of cocaine is punishable by a maximum prison sentence of 30 years. Anything between 400 and 900 grams can result in prison for eight to 40 years. And finally, any amount of cocaine possession over 900 grams will likely constitute evidence of a more extensive drug operation network and, thus, may result in 10 to 50 years in prison. In addition, the fines associated with cocaine possession will likely reflect the street value of the substances involved. Fines max out at $200,000.
Facing a Second DUI? Understand the Possible Consequences and Defense Strategies
Driving under the influence (DUI) is a serious offense regardless of the circumstances. However, the stakes are higher if this is your second DUI arrest. If you or a loved one were arrested for drunk driving for a second time, make sure to work with an experienced DUI defense lawyer.
License Suspension for Second DUI
If you took and failed a breath alcohol test or blood alcohol test, your driver’s license will be suspended the 46th day from the date of your arrest and your suspension can rage from 6 months to 1 year. However, if this is a second DUI arrest, your license could be suspended for up to 3 years if your previous DUI was within the last 5 years of arrest.
Generally, a second DUI conviction is a class A misdemeanor and carries the following penalties if found guilty:
- A fine of up to $2,500
- Mandatory 5 days in jail or 240 hours of community service
What Are My Child's Rights if they are Charged with a Crime?
Juvenile crime is a complex issue that affects not only the young defendants but also their families and communities. Today, we will discuss crimes juveniles are often accused of, police interrogation rules for juveniles, and common questions regarding juvenile crime. If your son or daughter has been charged with a crime, do not hesitate to contact a juvenile criminal defense attorney.
Illinois Juvenile Justice System
Juvenile crimes are usually handled in a separate justice system, as it is generally recognized that young people have a greater capacity for change and rehabilitation. In Illinois, the juvenile justice system aims to provide rehabilitative services and interventions to help young offenders get back on track and prevent future criminal behavior. In addition, the system strongly emphasizes the child's best interests, recognizing that children and adolescents have unique needs and vulnerabilities.
Some of the most common crimes that juveniles are charged with include:
Driving Under the Influence of Drugs
Are you facing charges of driving under the influence of drugs? You are not alone. Nearly 44 percent of drivers in fatal crashes have tested positive for drugs and in some cases, drivers were under the influence of more than one drug. It does not matter if the drugs were prescribed or illegal, you could face serious legal consequences if you are convicted.
How Drugs Interfere with Your Ability to Drive
Drugs such as marijuana, opioids, cocaine, and prescription drugs have a profound effect on a person’s brain. These are some ways in which driving under the influence of drugs can interfere with a person’s ability to drive:
- Reaction Time
- Judgment
- Driver’s motor skills
- Perception
- Attention
Implied Consent
In Illinois under the implied consent law when you operate a motor vehicle you automatically give consent to a breathalyzer, blood, or urine test. However, as we have discussed in previous articles, you can refuse field sobriety testing and refuse all chemical tests, including the breath test. It’s only in certain circumstances that an officer can compel you to provide a chemical test, typically in Type A accident cases and or in cases of a court order from a judge. A refusal to complete chemical tests may impact the suspension of your license for a longer period, but this suspension can always be contested in court.
Don’t just pay that Traffic Ticket
Drivers all over the state of Illinois are regularly stopped for all kinds of alleged traffic violations with the most common being speeding. Illinois drivers need to understand that the issuance of traffic tickets are never the final word, and you always have the right to fight your ticket in court.
Many people assume that criminal defense lawyers only help when someone has been accused of a serious crime. However, a criminal defense lawyer experienced in traffic violation defense cases might be able get your ticket dismissed or lower the fines and penalties. This will result in fewer points of your driver’s license. Speeding is certainly the most common kind of traffic offense for which people are ticketed in Illinois, but there are many other types of tickets for which legal representation could make an enormous difference in the outcome.
How Illinois Handles Traffic Tickets
As the Illinois State Bar Association notes in its Guide to Illinois Traffic Courts, traffic courts hear more cases than any other type of court in the state. When a police officer issues a ticket, they will request a signature that ensures a person’s agreement to appear in court or to pay a required fine in lieu of court.
Defending a DUI in Will County
Many people who are arrested for driving under the influence (DUI) in Illinois automatically assume that their guilt has been proven and they will be convicted. The truth is that most clients are able to successfully fight their DUI charges.
When a person is arrested for any kind of alleged DUI offense, it is important to get an experienced criminal defense attorney involved in the case as soon as possible. There are a variety of defenses a person may be able to use depending on their situation. Here are some of the ways to contest your DUI charge in Illinois.
Possible Defenses Against DUI Charges
For someone to be convicted of driving under the influence, they must be proven guilty beyond a reasonable doubt. Many DUI defense strategies involve casting doubt on the defendant’s guilt by pointing out weaknesses or inconsistencies in the prosecution’s case against the defendant. Anything from mistakes during the breath test to incorrect police procedure during the arrest may be used to defend against a conviction.
Getting Your Driver’s License Reinstated After a DUI Arrest
While jail sentences and convictions are usually two of the foremost concerns of driving under the influence (DUI) offenders in Illinois, the loss of driving privileges can be an issue that causes many additional problems for people. It is important for people to understand that the State of Illinois can take two different actions with a driver’s license, revocation or suspension.
A suspension is a far more lenient punishment because a person only loses driving privileges for a specific period of time and the license becomes reactivated as soon as a person pays their license reinstatement fee. Revocation is another matter entirely because, after the period of revocation ends, a person still cannot drive until they first attend a hearing with the Illinois Secretary or State to seek license reinstatement.
Seeking Reinstatement of Driving Privileges
In a driver’s license revocation case, a person will usually have to schedule a hearing with the Illinois Secretary of State. SOS license reinstatement hearings can be formal or informal. An informal hearing is permitted for people with only one DUI and general first offenders for other offenses, while multiple offenders and more serious violations can lead to formal hearings. Formal reinstatement hearings are similar to courtroom trials and must be scheduled in advance. Informal hearings require no advance scheduling.
Is my DUI Arrest a Felony?
While most first-time arrests for driving under the influence (DUI) in Illinois are misdemeanor offenses, drivers need be aware that there are situations in which aggravating factors could allow for prosecutors to seek felony charges for drunk driving. Felony DUI cases are always more severe than misdemeanor cases because defendants will be facing much stricter penalties and punishments if convicted.
One of the most common reasons for felony DUI charges are repeat DUI offenses. Subsequent DUI charges are felonies when a person has at least two prior DUIs. Any kind of felony conviction can damage long-term prospects on a person’s ability to obtain employment, federal benefits, or college admissions.
Felony DUI Charges in Illinois
While first and second DUI convictions are customarily Class A misdemeanors, a third or fourth conviction will be classified as a Class 2 felony. A fifth conviction is a Class 1 felony and a sixth or subsequent conviction will be a Class X felony.
Possible Defense Strategies for CDL Drivers Accused of Drunk Driving
If you make your living as a commercial truck driver, getting arrested for driving under the influence of alcohol can put your commercial driving license or CDL in jeopardy. The same applies if you are a delivery driver or a bus driver. You need to act quickly and fight your DUI from the get-go. A DUI defense attorney can help you mount a strong defense to try to protect your livelihood.
Legal Alcohol Limit for CDL Holders
Getting a CDL is harder than getting your typical driver’s license. That is why the rules of the road are stricter for commercial drivers. The Federal Motor Carrier Safety Administration holds truck drivers to a higher standard. The legal limit for blood alcohol concentration or BAC is 0.08 percent for most drivers. For a CDL driver, the legal limit is just .04 percent. The same is true for commercial truck drivers across the nation. These drivers spend significantly more time on the roads and highways compared to other people and they often transport passengers or hazardous materials, so the law is stricter for them.
