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Recent Blog Posts
What Can I Do if My Child Was Arrested at School?
Heightened police presence in schools and harsh zero-tolerance policies have led to a drastic increase in the number of juveniles who get arrested at school. Behaviors that used to result in no more than being suspended from school are now getting children handcuffed and charged with criminal offenses. Things like getting into a fight with a classmate, hiding a small amount of marijuana in a locker or making fun of another student online used to be treated as disciplinary issues for the school administration and the student’s parents to handle together. Now, these same rule-breaking behaviors are more likely to get a student arrested than suspended. If your child was arrested in school, you need an experienced Will County, IL juvenile crimes attorney. It is best to contact a lawyer as soon as you learn that your child has been taken into police custody. An attorney can act quickly to protect your child’s rights.
What if I Did Not Know I Was in Possession of Drugs?
Simply having an illegal substance in your possession is not enough to sustain a conviction for drug possession or any other drug crime. According to Illinois law, it is only a crime to "knowingly possess a controlled substance." This means that if you were unaware there was an illegal drug in your car, house, or the pocket of the hoodie you were returning to a friend, you should not be convicted of a crime. However, criminal courts are often reluctant to believe a defendant who denies any knowledge of the drugs found in his or her possession - many people make this claim. Your Joliet, IL drug crimes attorney will need to offer evidence to substantiate your defense. It is all too easy for an innocent person to be convicted of drug possession based on assumptions rather than evidence.
How Do Police Officers Identify Drug Use During DUI Stops?
When someone is intoxicated by alcohol, there are usually very obvious signs. The person will likely smell strongly of alcohol, have poor coordination, and exhibit slurred speech. It is also easy to confirm a person’s level of alcohol intoxication with a simple blood or breath test. It is not always as easy to tell when a person is intoxicated by other substances, such as THC, prescription medications, or street drugs like heroin. There are some signs police officers look for during a DUI stop, but many of those signs could also indicate a medical condition rather than intoxication. If you have been accused of driving under the influence of drugs, you need an experienced Will County, IL drug DUI attorney. An experienced attorney may be able to show that there is not enough evidence to convict you.
Signs of Drug Intoxication Police Officers Look For
The signs of drug intoxication are more varied and sometimes more subtle than the signs of alcohol intoxication. Drug Recognition Experts may be brought in to help the police identify which substance a suspect has likely ingested. To determine whether a driver may be under the influence of drugs, police officers may look for:
The 3 Most Common Juvenile Charges
Having a juvenile criminal record can get in the way when you are applying to colleges or trying to get into a trade program. If you are charged as a juvenile, your record can be sealed when you become an adult. However, it is extremely common for teenagers to be charged and convicted as adults depending on the crime alleged and the age of the juvenile. Teens charged with fairly minor offenses, like simple vandalism or misdemeanor retail theft are more likely to be charged as juveniles, while teens who commit more serious crimes are more likely to have their cases sent to adult court. 16 and 17-year-olds are most likely to be charged as adults. Your Joliet, IL juvenile criminal defense attorney’s first priority is likely to be keeping your case in juvenile court. Then, your attorney can take steps like plea bargaining to have serious charges reduced or preparing to go to trial in hopes of being found not guilty.
How Does Continuous Alcohol Monitoring Work?
Substance abuse is a major contributing factor in a lot of criminal cases. After someone has had multiple DUIs or other alcohol-related convictions, Illinois courts might order continuous alcohol monitoring. When continuous alcohol monitoring is ordered, the defendant will be required to wear an ankle monitor equipped with a special sensor that detects alcohol use, called a Secure Continuous Remote Alcohol Monitoring (SCRAM) device. The sensor sits against the defendant’s skin and will detect the presence of any alcohol in the wearer’s sweat. These devices can be uncomfortable and inconvenient. If you are facing criminal charges that are related to your alcohol use, getting and staying sober is likely to be a part of your pretrial supervision or sentencing. You should be represented by an experienced Joliet, IL criminal defense attorney if you are being prosecuted for an alcohol-related offense.
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.
