Schedule a Free Consultation|
Call 815-740-4025
-
- Home
- Our Firm
- Criminal Defense
- Assault & Battery
- Domestic Battery / Domestic Violence
- DUI/DWI
- Drug Crimes
- Driver's License Reinstatement
- Speeding Tickets, Traffic Offenses & Violations
- CDL Violations
- Gun & Weapons Charges
- Felony Crimes
- Misdemeanor Crimes
- Juvenile Crimes
- Expungement & Record Sealing
- Resisting Arrest / Obstructing the Police
- Retail Theft & Shoplifting
- Police Questioning: When Miranda Warnings Are Required
- Media
- Blog
- Contact
Recent Blog Posts
Leaving the Scene of an Accident Can Result in Criminal Charges
The fight or flight response is a natural physiological process in our bodies that kicks in when we experience something that is frightening or stressful. The term “fight or flight” refers to the two options our ancestors had when faced with danger and the two options we often have when faced with danger today. Imagine you are driving and you completely miss the stop sign, driving out into the intersection and slamming into someone else who was also in the intersection. You have two choices: either get out of your vehicle and face the situation at hand or remain in your vehicle and drive away as fast as you can. Legally, you are required to do the former, as fleeing the scene of an accident can result in misdemeanor or even felony charges.
Leaving the Scene of a Property-Damage Only Accident
If you get into an accident that only damages the other driver’s vehicle, you are still required by law to stop. When you stop, you must exchange information with the other driver, such as your name, address, vehicle registration number and insurance information. You are not permitted to leave the scene of the accident without providing this information, though you are permitted to move your vehicle out of traffic or to a safe place that is away from the accident site, as long as you still exchange information.
Avoid a Ticket for Misusing the Left Lane on Illinois Interstates
By the time summer finally arrived in northeastern Illinois, we were all anxious to get out and enjoy the beaches, ballparks, and other outdoor fun-even though we often have to fight heavy traffic to get there. Always remember, however to drive safely, because a traffic ticket will only slow you down and thin your wallet. Be especially careful in using the left lane on Illinois interstate highways, or you could find yourself paying a $120 ticket, plus court costs, for misuse of the left lane.
A state law in effect since 2004 states that drivers must stay out of the left lane on interstate highways and fully access-controlled highways except when passing another vehicle. The Illinois State Police (ISP) have cautioned motorists that they will be using unmarked vehicles this year to identify drivers who abuse the left lane. The unmarked vehicles will then alert patrol cars stationed further up the highway to stop and ticket the violators, who are being tagged as “left lane lollygaggers.”
The Significance of Miranda Warnings
Just because someone is accused of a crime does not mean that the protections and rights provided to them by the U.S. Constitution do not apply. Criminal suspects have certain rights, which, if violated, can dramatically affect the outcome of any criminal proceedings. The Fifth Amendment to the United States Constitution gives citizens the right against self-incrimination. The Sixth Amendment ensures the rights of criminal defendants, including the right to know the nature of the charges and evidence against you and the right to consult with a lawyer.
You Have the Right to Remain Silent
If you have ever been arrested, you should have heard a version of the following: “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me?” Specific wording can vary depending on the jurisdiction, but these warnings are generally known as the Miranda Warnings. Before being questioned by police, you must be given these warnings.
Understanding the Illinois Juvenile Drug Court Treatment Program
According to the Office of Juvenile Justice and Delinquency Prevention (OJJDP), an estimated 1.3 million adolescents ages 12-17 had a substance use disorder in 2014. Many of these youths who have substance abuse issues end up making contact with the juvenile justice system at some point. Rather than punishing them and leaving their substance abuse issues untreated, Illinois has a juvenile drug court treatment program in place that aims to reduce recidivism and guide the youth to a substance-use- and crime-free life.
Eligibility for the ProgramM
When a juvenile defendant is referred to the drug court treatment program, they will be first screened to determine whether or not they are eligible to participate. To be admitted into the program, the prosecutor, the minor, and the court must all be in agreeance. A minor will not be admitted into the program if:
What Drug Crimes Are Most Common in Will County
If you live in Will County, your biggest concern with the police may be losing your driver’s license for driving under the influence (DUI). However, your chance of being arrested for a drug crime is actually higher than your chance of being arrested for DUI. Each year in Will County, around 1,200 people are arrested for DUI while about 2,900 are arrested for a drug crime. That is more than twice as many arrests for drugs than for DUI.
How Will County Drug Crimes Compare to Other Counties
Of all Will County drug arrests in 2016, 43 percent were for cannabis, 32 percent for drug paraphernalia, and 25 percent involved controlled substances such as heroin or cocaine. Relative to the rest of the state, Will County has a lower proportion of the more serious controlled substance violations. Statewide, 42 percent of drug arrests were for cannabis, 29 percent for drug paraphernalia, and 29 percent involved controlled substances such as heroin.
Evidence Obtained in an Unlawful Police Vehicle Search Is Not Admissible in Court
Most people know that police must sometimes obtain a search warrant before searching an individual’s property. However, many are unsure as to what their rights are regarding vehicle searches. They have questions such as, “Does a police officer need a search warrant to search my car in Illinois?” and “What happens if drugs, weapons, or other evidence is obtained during a vehicle search that was unlawful?” It is critical for Illinois residents to understand their rights when it comes to searches of their personal property. If evidence used against you in a criminal proceeding was acquired by police during an illegal search, it is possible that the evidence will be thrown out and unusable in court.
The Constitution Gives You the Right to be Free from Unreasonable Searches
The Fourth Amendment to the U.S Constitution guarantees citizens the right to be free from “unreasonable searches and seizures.” This means that government or law enforcement agents cannot simply search anyone’s property for any reason. In many situations, police must obtain a search warrant from a judge before they can enter someone’s property and search for evidence of criminal activity. The Fourth Amendment also requires the person seeking a search warrant to show “probable cause” to justify the search. Probable cause means that there is a logical belief that criminal activity has taken place or is taking place.
What You Should Know About Illinois New Recreational Marijuana Laws
Illinois will become the 11th state to legalize the use and possession of recreational marijuana. The bill, which was passed entirely through legislation rather than voter referendum, would allow marijuana sales, possession and use throughout the state beginning next year. The bill specifically outlines the new rules concerning marijuana, which will be treated and regulated much like alcohol is treated and regulated now.
There Will Be Limits on How Much Cannabis You Can Possess and Where You Can Buy It
Presuming the bill is signed as promised, starting January 1, 2020, Illinois citizens who are at least 21 years old will be able to purchase and possess up to 30 grams - which is around one ounce - of dry marijuana, which is also called flower. Citizens are also permitted to possess up to five grams of cannabis concentrate and up to 500 milligrams of THC contained in cannabis products such as edibles, tinctures, or even lotions.
An Illinois Juvenile Diversion Program May Help Your Son or Daughter Avoid Incarceration
If you are a parent, you probably spend a lot of time worrying about your child and the decisions he or she is making. Unfortunately, children and teenagers can sometimes get involved with the wrong crowd and make decisions which lead to criminal charges. Young people may behave in reckless or illegal ways because they are trying to fit in, they struggle with an addiction or mental health problem, or for other reasons. If your son or daughter has been accused of a crime, it is possible that a diversion program could help them avoid jail time and turn their life around.
What is the Purpose of a Diversion Program?
Juvenile detention is similar to adult incarceration. Minors who are convicted of a crime are sent to juvenile detention as a punishment for their wrongdoing. Juvenile diversion programs are an alternative to incarceration which may be more likely to help your child stay out of the criminal justice system in the future. While the structure of juvenile diversion programs varies from program to program, they all share the same goal: to help juveniles avoid becoming repeat offenders. Diversion programs can be highly beneficial to young people and their families. Studies have shown that diversion programs are more effective at preventing future illegal activity than incarceration in juvenile detention is.
Marijuana Possession Is Still a Crime in Illinois for 2019
Illinois is set to legalize the sale of marijuana to adults age 21 and over effective January 1, 2020. The new laws on marijuana possession, public usage, and growing will also take effect on that date, presuming that Governor J.B. Pritzker keeps his promise to sign the landmark measure already passed by the Illinois House and Senate. For the remainder of 2019, however, the current laws remain on the books, so you could still be arrested and prosecuted for marijuana possession. However, simple possession of no more than 30 grams is unlikely to result in criminal charges.
How Much Marijuana Can I Legally Possess in 2019 in Illinois?
For 2019, Illinois state law (720 ILCS 550/4) declares that “It is unlawful for any person knowingly to possess cannabis.” However, the punishment for marijuana possession varies depending on the amount you are caught with:
- 10 grams or less of any substance containing cannabis is only a civil violation punishable by a fine of $100 to $200. This offense will not go on your criminal record.
Understanding the Role BAIID Devices Play in Illinois DUI Cases
For most people charged with a DUI in Illinois, their driving privileges are automatically revoked. The Illinois Secretary of State’s Office will automatically suspend the driver’s license of anyone who fails a chemical test to determine his or her blood alcohol content (BAC) or who refuses to submit to a chemical test. Losing your driving privileges can put a strain on you and your family, which is why the state gives you a few options to regain your driving privileges if they have been suspended for reasons relating to a DUI. Any option you choose for driving relief will require the use of a breath alcohol ignition interlock device (BAIID), which is why it is important that you understand what they are and how they work.
What is a BAIID?
A breath alcohol ignition interlock device, or BAIID, is a small, cell phone-sized device that requires you to provide a breath sample before you are able to start your vehicle’s engine. The BAIID is hardwired into the ignition system of the vehicle and will not allow the vehicle to start unless the breath sample provided is registered as .025 or less. If your breath sample registers at anything over .025, your vehicle will not start, but your breath sample will be recorded and saved in the device.
