Jack's blog

What Should a Parent Expect from a Juvenile Defense Attorney

joliet juvenile defense lawyer

When your child gets arrested, it is normal to feel angry and upset. However, being too emotional can make it hard to communicate effectively with your child, the police, and your child’s lawyer. It is important to remain calm so that you can work effectively with your juvenile defense lawyer to obtain the best possible outcome for your child. If you have not worked with a lawyer before, four things you can expect from a juvenile defense lawyer are the protection of your child’s legal rights, simple explanations of the process, a thorough investigation of the circumstances of your child’s case, and appropriate recommendations for your child’s defense.

Protection of Your Child’s Legal Rights

The first thing your child’s lawyer should do is make sure you and your child understand your legal rights within the Illinois juvenile justice system. For example, your child has the same rights as an adult to remain silent and to have a lawyer at their side to counsel them during any questioning by the police or the state’s attorney. Your child also has the right to have a parent or other adult family member with them during questioning.

Understanding Illinois Juvenile Justice Procedures

If this is your child’s first encounter with police, fear of the unknown can be stressful for both you and your child, Your lawyer should help allay your fears by providing clear and concise explanations of each step in the Illinois juvenile justice process. You should feel comfortable asking questions of your lawyer at any time.

Investigation of the Alleged Juvenile Offense

Your child’s lawyer should ask you and your child a lot of questions to understand the child’s background, including any history of prior offenses and any disabilities or medical conditions the child may have. It is important for you as a parent to understand that the lawyer needs to gather a lot of information very quickly in order to properly defend your child. Try not to be defensive when the lawyer asks what may seem like very personal questions. Your child’s lawyer will be strictly focused on serving the best interests of your child, not on judging you, your family, or your lifestyle.

Your lawyer will also obtain the police report and talk to the police officers who brought your child into the station. Your lawyer will want to determine if there were other witnesses to the offense of which your child is accused and whether there is any police video or other evidence that needs to be looked at. After analyzing all of this information, your lawyer will be able to make an initial assessment of the strength of the state’s case against your child.

Recommendations for Your Child’s Defense

Once your child’s lawyer has a good handle on the situation, he or she will explain the available options and recommend an appropriate course of action. For example, one option may be for the police to issue a station adjustment or probation adjustment rather than file formal charges against your child. If your child has to appear before a juvenile court judge, the lawyer will argue for the charges to be dismissed and where appropriate, can argue for alternative solutions, rather than be sent to a juvenile detention center.

Call a Will County Juvenile Defense Attorney

If your child has been charged with a juvenile offense in Will County, consult an experienced Joliet juvenile defense lawyer as soon as possible. The sooner we get involved, the sooner we can start working to get the charges and penalties reduced or dismissed. Call the Law Offices of Jack L. Zaremba at 815-740-4025 for a free consultation. We answer calls around the clock.

Understanding Breath Alcohol Ignition Interlock Devices

joliet dui permit lawyer

Illinois drivers who are caught driving under the influence of alcohol (DUI) are subject to an automatic suspension of their driver’s license. Failing a blood alcohol content (BAC) test will cause a first-time DUI offender to lose his or her ability to legally drive for six months through a statutory summary suspension. A DUI offender who refuses a Breathalyzer test or a person who fails a test for the second time will have their license suspended for 12 months.

However, there are a few ways you can regain your ability to drive after being charged with a DUI. One way is through a Monitoring Device Driving Permit (MDDP) and another is through a Restricted Driving Permit (RDP). Both of these permits allows a person convicted of a DUI to regain their ability to legally drive before the end of the license suspension. In order to qualify for either of these special permits, you must have a Breath Alcohol Ignition Interlock Device (BAIID) installed on your vehicle.

How Does a Breath Alcohol Ignition Interlock Device Work?

Much like the Breathalyzer tests used by police, a BAIID is a device which a driver blows into. The device can measure the amount of alcohol in a person’s breath and use that information to determine the person’s blood alcohol content (BAC). Those with a BAIID installed in their vehicle must blow into the device in order to start their car. If the BAIID senses more than a tiny amount of alcohol in the person’s breath, the vehicle’s ignition is disabled. The car then cannot be started for a period of time called a “lock-out period.”

Do Not Try to Trick a BAIID

Some DUI offenders who have a BAIID installed in their vehicle may attempt to fool the device in some way so that they can drive with alcohol in their system. However, the device is very sophisticated and there is almost no way a person could get away with this. BAIIDs are equipped with a camera which takes a photograph of the person blowing into the device, so having a non-drinking friend blow into the device for you will certainly be detected. Using non-human sources of air also will not work.

Tampering with a BAIID or trying to fool the device so you can drive with a nonzero BAC will lead to further criminal charges . If a DUI offender participating in the BAIID program is caught driving a vehicle that does not have a BAIID device installed, he or she can be found guilty of a Class 4 felony.

Contact a Will County DUI Lawyer

To learn more about how to regain your driving privileges after a DUI or for other legal assistance regarding DUI charges, speak with a Joliet DUI defense attorney . Call 815-740-4025 to schedule a free consultation at the Law Office of Jack L. Zaremba today.

Defending Against Charges of Battery or Domestic Battery

joliet domestic battery lawyer

When you get in a physical altercation with someone, you could find yourself charged with misdemeanor battery , domestic battery , or felony aggravated battery. Having a violent crime like this on your record can cause you significant problems in the future. For example, a conviction for a forcible felony such as aggravated battery can prevent you from getting the professional license you need to work in health care, teaching, or a number of other fields. Employers may refuse to hire you for even a misdemeanor battery conviction.

Because the potential consequences of a conviction are harsh, you need to mount a strong defense against any type of battery charges or similar crimes against persons. But, what constitutes a strong defense? The key is not to rely on a single line of defense but rather to have multiple lines of defense.

Possible Defense Strategies

In battery cases, the person who made physical contact first is generally the one who gets charged with the crime of battery, while the other person can claim they hit back in self-defense. Whoever sounds more credible is likely to be the one believed. Thus, witness testimony usually plays a crucial role in the prosecution of a battery charge.

To win, a defense attorney will have to discredit the state’s key witness. For example, it might be argued that supposed independent witnesses were not present from beginning to end of the incident or did not actually have a clear view of the entire incident.

Yet simply discrediting that witness may not be enough to win the case for the defense. This is where the “multiple lines of defense” strategy comes into play.

The defense attorney can strengthen the defendant’s case by presenting a believable alternative view of the incident. For example, the evidence shows that it was the “victim” that was the aggressor in the situation. Or showing that the “victim” has changed her statement multiple times, thereby lowering the believability of the victim. And a convincing alternative scenario can also further tip the scales in favor of the defendant.

Another option for strengthening the defense involves challenging the report made by the police officers who responded to and investigated the incident. Perhaps the police failed to locate and interview other witnesses or to look at security camera video that captured all or part of the incident. Or, the police may have failed to check their own files, which reveal that the alleged victim was in fact the aggressor in at least one previous incident. A motivated defense attorney may be able to find enough holes in the police investigation to create a reasonable doubt about the defendant’s guilt. In a criminal proceeding, reasonable doubt is all that is needed for an acquittal.

Contact a Will County Violent Crimes Attorney

If you have been in a fight in Joliet or elsewhere in Will County, and the police have charged you with battery, consult an experienced Joliet assault and battery lawyer . After reviewing all of the circumstances and evidence in your case, we will prepare a strong defense strategy for you. Call the Law Offices of Jack L. Zaremba at 815-740-4025 for a free consultation.

Pages

Subscribe to RSS - Jack's blog