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Recent Blog Posts
Why Public Transportation is Not a Solution to DUI License Loss
Even in major cities like Chicago, we are still a very car-dependent society. Especially if you live in the surrounding suburbs instead of in the downtown area, public transportation is not always as accessible or convenient as we would like it to be. Most people still rely on their cars to get to work, do their grocery shopping, and maintain a social life. If your license is suspended due to a DUI, you may need to find alternate ways to do all of these things for several months to a year. Some drivers who have had a DUI will be eligible for a temporary restricted license that can allow them to drive for limited essential purposes, like going to work or to medical appointments. An experienced Grundy County, IL DUI license reinstatement lawyer may be able to help you get back to driving faster.
When is Shoplifting a Felony in Illinois?
Shoplifting, or retail theft, is a very common criminal charge. Retail theft tends to increase during hard economic times when people cannot always afford to buy the things they need. It also increases during the holidays, in part because crowded stores and malls tend to make easier targets. The rise of the self-checkout has also encouraged more retail theft. Without employees overseeing the checkout process, shoppers may believe that they are less likely to be caught not ringing up an item and in some cases, may accidentally fail to scan an item. Retail theft is also a common juvenile offense due to its popularity with thrill-seeking teenagers. In most cases, shoplifting is only a misdemeanor. However, it can be charged as a felony depending on the value of the goods stolen and whether the defendant has prior shoplifting charges. If you are facing retail theft charges, you need an aggressive Joliet, IL criminal defense lawyer to represent you.
Do I Have to Answer the Door for the Police?
Even if you are not doing anything untoward, having the police come to your door can be scary. Police rarely announce the purpose of their visit before making contact with someone inside, so you may not find out why they are there unless you speak to them. There is no law that says you have to answer your door just because the police are knocking. However, depending on the circumstances, they may enter anyway, especially if they believe that certain types of crimes are actively occurring inside. If the police have a warrant or if there are exigent circumstances, they likely do not need your permission to come inside. In those cases, it may be better to cooperate. If the police have come to your home and you suspect that you are under investigation for a crime, you should reach out to an experienced Will County, IL criminal defense lawyer.
What is a "Knock and Talk?"
When the police suspect that a person has committed or is committing a crime, but they do not have enough evidence to show probable cause and get a warrant, they may attempt what is called a "knock and talk." The police can simply knock on your door and try to get you to talk to them voluntarily. Often, they are trying to get you to say something that might give them probable cause to go get a warrant. Knock and talks can end in an arrest without a warrant if the police glean probable cause from the conversation. You can refuse to open the door and speak to the police if this is the case.
The Most Common Charges Filed on Major Holidays
A lot of arrests are made on and around major winter holidays, like Christmas and New Year’s Day. People are out celebrating en masse on certain days of the year. Celebrations often include alcohol and family members you may not see often or really get along with. While children are usually excited and joyous, adults are often stressed. There can be a lot of stress around major holidays - they can be very expensive, especially for those who are traveling or who have children. Seeing your extended family can be stressful even if you have fairly positive relationships. People may feel a lot of pressure to make the holidays happen.
It should come as no surprise that holiday celebrations sometimes take an unfortunate turn and end in someone getting arrested. If you are arrested while celebrating the holidays, an experienced Will County, IL criminal defense attorney can help you.
Lab Error Impacts Hundreds of Cannabis DUI Cases
When a person is suspected of driving under the influence of alcohol, the police can usually use a breath test machine to determine the person’s BAC fairly quickly and in the police station. When a person is suspected of driving under the influence of cannabis or other drugs, the testing process is more complicated. Police usually need to send samples out to a crime lab that can test for the presence of drugs. New reports are now suggesting that testing errors in a Chicago lab may have led to an uncertain number of false positive results for cannabis. This means that drivers who were convicted of a drug DUI after testing positive for cannabis may be able to challenge their convictions based on new evidence. If you were convicted of a DUI based on a drug test carried out by the University of Illinois Chicago Analytical Forensic Testing Laboratory, you should speak to a Will County, IL DUI attorney as soon as possible.
Domestic Violence Arrests Increase Around the Holidays
The winter holiday season is supposed to be the happiest time of the year, but most adults know that the season can be stressful as well. Domestic violence arrests tend to increase drastically around the holidays. Emotions tend to run high during the holiday season, making disputes between family members and romantic partners more likely to turn violent. Conflict can escalate rapidly, and something as simple as pushing that annoying cousin out of your way at the family holiday party can get you arrested and charged with domestic violence. Domestic violence is considered more serious than a typical assault, because the attack is against a family member or someone you are dating or dated in the past. If you get arrested for domestic violence, you need an experienced Joliet, IL criminal defense lawyer to help you.
Why is Domestic Violence More Common During the Winter Holiday Season?
While children should be carefree and excited, adults can be under incredible stress during the winter holidays. A few of the reasons why domestic violence increases during the holidays include:
Understanding Reckless Discharge of a Gun Charges
There is a lot of confusion regarding where, when, and why a person may fire a gun. You may have heard that if you are on your own private property, you are always allowed to shoot as long as you are not shooting at another person. Conversely, a lot of people have been taught that shooting a gun anywhere except at a range is illegal unless you are acting in self-defense. Neither of these statements is entirely true. Illinois’s reckless discharge laws are much more nuanced than that. You can be charged with this offense for firing a gun in any situation where shooting carries a risk of injuring another person. If you have been accused of recklessly discharging a firearm, you should consult a Joliet, IL gun crime attorney immediately.
DUI Arrest with a Child in the Car
Driving drunk with anyone less than 16 years old in the car is an enhanced DUI offense in Illinois. A first offense is still a misdemeanor, but a second is a felony. This law applies to everyone - it is quite common to see it used against older teenagers who are driving around with their peers. However, a lot of those charged with DUI with a child passenger are parents who had their own children in the car. Parents who get arrested for drunk driving while transporting their children are likely to be charged with a felony DUI and may face serious legal consequences, including jail time. If you were arrested for a DUI while your children were with you, you need a highly experienced Will County, IL felony DUI attorney to help you fight for a second chance.
Fighting Back Against DUI With Child Passenger Charges
Parents who are arrested for DUI with their children in the car often have lower B.A.C.s and are less impaired than the average drunk driver. Most parents do not consume large quantities of alcohol and become belligerently drunk around their children. More commonly, parents are only slightly over the limit after being served a single cocktail that was stronger than expected.
Road Rage Shootings On the Rise in Illinois
A simple dispute between drivers can escalate quickly into actual violence or firearms charges. In the last few months alone, there have been numerous arrests made related to road rage assaults. Many of these incidents involved firearms, while others involved only vehicles themselves being weaponized. In June, a Naperville motorist was arrested for assault after allegedly drawing a firearm on another driver during a road rage incident. Another Illinois arrest involved a cyclist reaching into a vehicle and stabbing the driver. Drivers on social media have casually reported a large number of aggressive driving incidents that did not result in arrests and may have been politically motivated, although these reports are unverified. If you have been charged with assault, reckless driving, or a weapons offense after a dispute with another driver, you need an experienced Grundy County, IL criminal defense attorney to help you.
How Do Breath Alcohol Ignition Interlock Devices Work?
If you have had a DUI charge recently, you may need to have a breath alcohol ignition interlock device (BAIID) installed on your car before you can drive again. These devices are designed to prevent drunk driving by physically preventing an intoxicated person from starting a vehicle and periodically ensuring you are sober while you are driving. While this device is installed on your car, you will not be allowed to drive any other vehicle. Having a BAIID is generally a condition of getting a restricted driver’s permit, and some DUI offenders are required to use them for some time after starting to drive again. An experienced Joliet, IL DUI license reinstatement lawyer can help you apply to have your driving privileges restored.
Starting a Car With a BAIID
Before you can start your engine, you will need to use the device to measure your BAC by blowing into it. If you are over the limit, your vehicle will not start because the engine is locked. You will need to wait until your BAC goes down enough to try starting it again.
