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Can You Go to Jail for a Misdemeanor Offense in Illinois?

 Posted on June 27, 2025 in Criminal Defense

IL defense lawyerMost of us assume that misdemeanor offenses are no big deal, but this is an assumption that can be extremely misleading. Although misdemeanor offenses are considered less serious than felony offenses, they are still crimes that carry the potential for jail time, fines, probation, and a permanent criminal record.

Under Illinois 730 ILCS 5/5-4.5-55, depending on the class of misdemeanor and the circumstances of your charges, you could face up to a year in county jail for certain misdemeanor offenses. Misdemeanor charges require an experienced Grundy County, IL, criminal defense lawyer just as much as felony charges. When you have a skilled criminal defense attorney as your legal advocate, the outcome of your case can be very different than when you attempt to handle it on your own.  

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Defending Against Hate Crime Allegations in Illinois

 Posted on June 20, 2025 in Criminal Defense

IL defense lawyerA young Illinois man is facing felony charges after he allegedly made derogatory remarks about a woman’s sexual orientation and then injured her in a fight at a McDonald’s in Carpentersville. The 19-year-old man allegedly had a juvenile with him, who is being charged in juvenile court.  The two males apparently made anti-LGBTQ remarks toward the woman before the confrontation escalated into violence. Prosecutors are reviewing the facts and circumstances to determine whether hate crime charges are warranted.

Facing allegations of a hate crime in Illinois is a serious matter. If convicted of a hate crime, you could face long-term legal and personal consequences. Hate crimes are felonies that carry enhanced penalties because they target individuals based on protected characteristics. These protected characteristics could include race, religion, ethnicity, disability, or sexual orientation.

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Fentanyl Possession and Distribution Charges in Illinois

 Posted on June 17, 2025 in Drug Crimes

IL defense lawyerIn 2022, there were 3,261 opioid overdose deaths in Illinois – an 8.2 percent increase from 2021. Fentanyl is increasingly responsible for the growing number of accidental overdoses, with more than 67 percent of drug overdoses involving fentanyl. Fentanyl is a potent synthetic opioid manufactured pharmaceutically to treat severe pain.

In its non-pharmaceutical form, fentanyl is 50 times more potent than heroin and 80-100 times more potent than morphine. Some street drugs can contain lethal amounts of fentanyl. Fentanyl charges are prosecuted zealously across the state of Illinois. This is largely due to increasing attention regarding potency and potential for overdose. Fentanyl is classified as a Schedule II controlled substance, placing it in the same category as methamphetamine and cocaine.

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I Asked for a Lawyer – Now What?

 Posted on June 10, 2025 in Criminal Defense

IL defense lawyerIf you are being questioned by the police, you definitely need a criminal defense attorney. This is true even if you have not officially been charged with a crime. The police may tell you that you are a "person of interest" in their investigation. While this term sounds fairly benign, giving you the impression that they believe you might be a witness, this does not mean you should answer their questions.

Remember, police officers are allowed to lie to and trick suspects. They are taught the skills necessary to do this and routinely employ these tactics. Regardless of how "friendly" the officer seems, remind yourself that he or she will stop being friendly the moment you provide the information needed to build a case.

So, assume that you fully understand you should never speak to the police without an attorney, and you tell the officer politely that you will not answer questions without a lawyer present. The officer leaves, and you realize that you do not have a single clue as to what you should do next. Most of us do not have an attorney on speed dial and may never have even considered who we would call in the event we needed an attorney.

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What Are the Differences Between Kidnapping and Abduction?

 Posted on May 30, 2025 in Criminal Defense

IL defense lawyerAlthough the terms "kidnapping" and "abduction" are often used interchangeably, legally speaking, they can be two different, distinct criminal offenses in some states. Both crimes are serious felonies. Kidnapping is the forcible stealing or carrying away of a person by force, threat, deceit, or with intent to cause the kidnapped person harm.

Abduction involves persuading a person to come with you (usually a child that is known to the abductor), taking a person by fraud, or taking a person by open force or violence. Both terms refer to the unlawful detainment or taking of one person by another. The term abduction is usually used in reference to a family relationship, such as when one parent abducts his or her child from the other parent.

Kidnapping is more often used to describe a person taking a stranger against that person’s will and with no lawful authority. In the state of Illinois, kidnapping and abduction are separate crimes. The Illinois kidnapping statute is found at 720 ILCS 5/10-1 in the Criminal Code, while the abduction statute is found at 720 ILCS 5/10-5 in the Criminal Code.

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Is Illinois Domestic Battery a Misdemeanor or Felony?

 Posted on May 23, 2025 in Domestic Violence

IL defense lawyerA 46-year-old Alton man allegedly struck a woman in the face with his closed fist, sprayed her in the face with Febreze, and caused more than $500 in damage to the victim’s pickup truck. The two lived in the same household, making the crime a domestic battery case. The man was charged with domestic battery, property damage, and aggravated battery, and remanded to jail, with additional conditions added for pre-trial release.

These are very serious charges with potentially serious penalties in the event of a conviction. If you are facing serious criminal charges, the most beneficial thing you can do is speak to an experienced Will County, IL criminal defense lawyer. Your attorney will comprehensively evaluate the facts and circumstances of your case, building a strong defense on your behalf.

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Drug Charges: Possession or Intent to Deliver?

 Posted on May 14, 2025 in Drug Crimes

IL defense lawyerA 37-year-old Cook County man was recently arrested on drug charges after illegally crossing railroad tracks. According to Palatine police, the man crossed the railroad tracks while the warning signals were active, prompting officers to approach him as he sat in an Audi R8 parked near the tracks. The officers reported that when they reached the car, they could clearly see the man in the driver’s seat with cocaine in his possession.

A further search of the vehicle and the man led to the discovery of 30 grams of cocaine, along with pills containing amphetamine. The man was charged with Unlawful Possession of a Controlled Substance with Intent to Deliver, Unlawful Possession of a Controlled Substance, Possession of Drug Paraphernalia, and Pedestrian Disobeying a Traffic Control Device. These are serious charges with harsh penalties. If you have been charged with cocaine possession or possession with the intent to deliver, speaking to an experienced Grundy County, IL criminal defense lawyer is extremely important.

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What is a "Free Air Sniff" by K9s – And Is It Legal?

 Posted on May 08, 2025 in Criminal Defense

IL defense lawyerIn January 2025, two people were arrested after a Lake County K9, Duke, sniffed out drugs during a traffic stop. After conducting a "free air sniff" around the vehicle’s exterior, Duke alerted to the presence of narcotics. The police searched the vehicle and found over half a kilogram of cocaine powder.

Many people have not heard of a free air sniff, but there is plenty of controversy over the practice across the United States. If you have been arrested for drug possession after a free air sniff by a K9 and a subsequent search of your vehicle or home, it is important that you take these charges very seriously. It is in your best interests to speak to a knowledgeable Will County, IL drug possession lawyer.

What the Supreme Court Says About Free Air Sniffs by K9s

While the use of drug dogs is a fairly settled issue, two 2012 cases from Florida sought to change that. Drug dogs are allowed to sniff free air so long as they are not unlawfully in the location. To this end, the dogs are allowed to sniff packages, people, luggage, and vehicles so long as the K9 keeps his or her nose from actually touching a person, vehicle, luggage, or package, meaning the K9 is sniffing "free air."   

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Will You Qualify for an Illinois Hardship License After a DUI?

 Posted on April 30, 2025 in DUI/DWI

IL defense lawyerWhile little hard data exists, it is estimated that more than 11 million people in the U.S. have had to deal with a driver’s license suspension. While many of these suspensions are for DUI convictions, others are due to debt-based reasons, such as failure to pay traffic fines or court fees. Driver’s license suspensions can also result from a failure to pay child support or a failure to appear in court.

In some cases, drivers can benefit from a hardship license or another form of restricted driver’s license. Driver’s license suspensions disproportionately affect those with lower socioeconomic status and people of color and can directly affect a person’s ability to work, receive health care, attend school, and handle other essential life issues. The ability to drive provides freedom and flexibility to commute, maintain social and professional connections, and manage necessary errands.

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Lawmakers Attempt to Make Youth Sentencing Reforms Retroactive

 Posted on April 23, 2025 in Juvenile Crimes

IL defense lawyerAlthough Illinois banned life sentences for juvenile offenders under the age of 21 in 2023 (Public Law 102-1128), the law was not made retroactive. A bill to ensure that juvenile offenders who are already serving life sentences receive the same consideration stalled last session. While lawmakers tried again this year, the bill failed on a 49-51 vote on April 11.   

A young man who was with his cousin in 1998 when the cousin robbed a store and killed two people – and who has consistently claimed he had no idea what his cousin planned – is currently serving a life sentence under the "accountability theory." The young man had no weapon, physically killed no one, and his cousin confessed to the murders.

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