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Strategies for Drivers Who Get Pulled Over By Police

 Posted on March 21, 2018 in Uncategorized

Anyone who has ever been behind the wheel has experienced the sinking feeling in the pit of their stomach when they see the flashing lights in their rear view mirror. It is a great relief when the patrol car drives past, but when it pulls up behind you, the thought of receiving a traffic citation is enough to ruin anyone’s day.

Can You Avoid Receiving a Ticket?

Even if you have been pulled over before, your mind begins racing around with ideas of what to say, how to act, and ways of working your way out of a ticket and receiving just a warning. While we do not pretend to suggest that the following tips will guarantee a pass from the officer, consider these strategies when encountering police during a traffic stop and you just might avoid a traffic ticket:

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Special Considerations Regarding DUI Laws

 Posted on March 20, 2018 in Uncategorized

To a certain point, DUI laws are clear: Those caught driving with a blood alcohol content (BAC) over 0.08 percent are usually charged with driving under the influence. However, there are some instances where a driver can be charged with a DUI without meeting this criterion. Every citizen should be aware of the law, but those who have been charged with a DUI should especially be educated regarding the law.

DUI Without Being Over the Legal Limit

Most people know that the magic number when it comes to DUIs is 0.08. Anyone who blows into a breathalyzer and gets a blood alcohol content result equal to or higher than this can be charged with a DUI. In 2000, President Clinton signed a measure which effectively lowered the legal limit from 0.1 to 0.08 across the country. However, what many people do not know is that you can still be charged with driving under the influence without having a BAC higher than 0.08.

Noticeable Impairment

Drivers who are noticeably impaired are also at risk of being charged with a DUI – even if their blood alcohol limit is under 0.08 percent. For example, a driver who is noticeably slurring his or her words, cannot walk correctly, or is otherwise acting impaired while having alcohol in their system is at risk of being arrested and charged with a DUI. In cases like these, a driver with a BAC of 0.05 to .08 can still be convicted of a DUI if additional evidence shows the driver is impaired.

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3 Things to Remember About Concealed Carry of Firearms in Illinois

 Posted on March 19, 2018 in Uncategorized

As of mid-2017, over 250,000 Illinois residents have obtained a Concealed Carry License (CCL) for firearms, out of roughly two million residents with Firearm Owner ID (FOID) cards.

Firearms owners who have or are thinking about getting a CCL should be especially aware of the following three aspects of the Illinois Firearm Concealed Carry Act of 2013 ( which was amended in 2015):

1. The Definition of “Concealed Carry” on Your Person

By Illinois law, a CCL holder may (1) Carry a loaded or unloaded concealed firearm, completely or mostly concealed from view of the public, on or about his or her person, and (2) Keep or carry a concealed firearm on or about his or her person within a vehicle.

Many firearms owners have been concerned about the definition of “concealed.” For example, what if the gun is concealed under an unzipped jacket and the wind blows your jacket open? Has the gun owner just committed a crime? What if the rough shape of the gun or a “suspicious lump” is somewhat visible under close-fitting clothing (referred to as “printing”)?

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Illinois Legislators Considering Several New Weapons Bills

 Posted on March 17, 2018 in Uncategorized

In the wake of the death of a high-ranking Chicago police officer who was killed on the streets of the city in broad daylight late last month, Illinois elected officials appear ready to vote on a number of pieces of legislation that would narrow who could own a weapon in the state and the types of modifications one could make to certain firearms.

What Is On the Table

On the heels of both the murder of Chicago Police Commander Paul Bauer and the school shooting in Parkland, Florida, elected officials and members of the public from across the country have come out in favor of enacting new gun legislation that would hopefully put an end to the types of violence witnessed recently. Illinois is no exception, as the state House of Representatives is taking steps to vote on several new initiatives, including:

  • The Paul Bauer Act: This Bill, named in honor of the slain Chicago police commander, would ban the sale of body armor and high-capacity gun magazines to everyone except law enforcement, licensed security guards, and members of the military. Bauer’s alleged assailant is said to have used both during the shooting.

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Penalties For Carrying a Concealed Firearm in a Prohibited Place

 Posted on March 16, 2018 in Uncategorized

Even long-time, law-abiding gun owners in Illinois can find it difficult to interpret some of the complicated Illinois gun laws. The 2013 Firearm Concealed Carry Act is one such law.

When you get an Illinois concealed carry license (CCL), one of the first things you should learn is the list of places where concealed carry is not allowed. While the law officially lists more than 20 such places, an abbreviated and simplified list is provided below for ease of reading.

Places You Cannot Carry a Concealed Firearm in Illinois

1. Schools and child-care facilities, including all college/university buildings. 2. Government offices and related facilities (city, county, state, etc.), including courts, jails, and prisons. 3. Hospitals and residential care facilities such as nursing homes. 4. Public transportation vehicles (buses, trains, airplanes, etc.) and facilities (stations, airports). 5. Bars and other establishments where more than 50% of gross receipts come from the sale of alcohol. 6. Public playgrounds, parks, athletic centers, and park district facilities. 7. Casinos, racetracks, and other gambling facilities. 8. Stadiums and other facilities used for collegiate or professional sporting events. 9. Public libraries, amusement parks, zoos, museums, and public “special events” conducted under a local government permit. 10. Nuclear facilities of all kinds. 11. Areas where firearms are prohibited under federal law. This includes all federal government buildings and offices (including courts, prisons, and military bases), post offices, national cemeteries, and U.S. Army Corps of Engineers facilities. 12. Businesses and other properties that have posted “no firearms” signs.

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Opioid Crisis Continues to Spiral Out of Control

 Posted on March 15, 2018 in Uncategorized

If you have ever had surgery, been seriously injured, or suffered from cancer or other debilitating illness, you have probably been prescribed opioid medication. drugs like morphine, oxycodone, hydrocodone, and codeine are often prescribed to patients who are experiencing levels of pain that would be unmanageable with simple over the counter medications. Unfortunately, while these medicines are highly effective as painkillers, they are also extremely dangerous.

The Cycle of Addiction

Opioid addiction does not discriminate. People of all income levels and ethnicities have fallen victim to opioid addiction. Often, the addiction begins when a person taking pain pills grows a tolerance to them. He or she will need higher and higher doses of the medication in order to feel the pain-relieving quality. Eventually, a person addicted to opioid pills will need the pills just to feel normal.

Sometimes, when people cannot access pain pills, they turn to illegal opioids like heroin. Heroin is a treacherous drug, alone killing almost 13,000 people in 2015. More recently, heroin has become more dangerous than ever. Drug dealers have started mixing heroin with fentanyl, a substance up to 100 times more potent than morphine and many times that of heroin. Many drug users are unaware that the heroin they have purchased has been cut with fentanyl, which often leads to a deadly overdose. Currently, synthetic opioids like fentanyl are responsible for more overdose deaths than any other drug.

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Paperwork Needed for Your First DUI Defense Attorney Consultation

 Posted on March 14, 2018 in Uncategorized

If you have been arrested for DUI, it is common to feel too scared or overwhelmed to take immediate action. Yet, in order to get the best possible outcome, you will need to begin preparing for your court date as quickly as possible.

One of the first things you must do is read the four important documents you were given by the police prior to your release. They contain critical information about what you must do between now and your court date. You will also need these documents for your initial attorney consultation.

1. Your Ticket(s)

Most Illinois police departments (excluding Chicago and Cook County) use the Illinois Uniform Traffic Ticket form for issuing tickets. The Ticket form will indicate the specific offenses you allegedly committed. You may be cited for traffic violations such as speeding or running a stop light in addition to DUI. The ticket will also state the date on which you must appear in court.

According to Illinois state law, the arresting officer must issue you a formal Ticket prior to requesting that you submit to an evidentiary breath or blood tests.

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Why Attorney Investigation Is Critical to Your Criminal Defense Case

 Posted on March 13, 2018 in Uncategorized

The fact someone has been arrested for a crime does not necessarily mean they are going to be convicted and punished. A judge or jury must still be convinced that (1) no legal errors were made by the police and (2) there is enough valid evidence to support a conviction.

Obviously, the police and the prosecuting attorneys will do their best to follow all the right legal procedures, amass hard evidence, and get a conviction. But nobody is perfect.

Consider this: In the city of Joliet, Illinois, there are just 40 investigators who handled over 3,100 criminal cases in 2016. Those cases include arrests made by the city police department’s 140 officers in the Patrol division, plus those in Tactical, Narcotics, and other units. With that many people and arrests in play, you can imagine that some facts must slip through the cracks.

Attorney Investigation May Be Crucial to Your Defense.

You may not think of an attorney as an investigator, but investigation is an essential part of a defense attorney’s job. Investigation can make or break a case. Depending on the severity of the crime, the attorney investigation should include one or more of the following steps:

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What You Need to Know About Illinois Gun Laws

 Posted on March 10, 2018 in Uncategorized

Gun laws have long been a hotly-debated subject throughout the country. After the tragic events at Marjory Stoneman Douglas High School in Florida, there has been an increase in debate regarding gun laws in the United States. Gun laws can vary from state to state and Illinois gun laws are some of the strictest in the nation. It is important that Illinois residents inform themselves regarding their state’s approach to gun control.

Machine Guns

There has been a lot of misinformation circulating regarding automatic weapons. In Illinois, it is illegal to sell, purchase, manufacture, possess, or carry a machine gun. More specifically the law prohibits the type of gun “which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot without manually reloading by a single function of the trigger, including the frame or receiver of any such weapon.” In other words, any firearm that can fire more than one round by holding down the trigger is illegal to buy, sell, own, or carry in Illinois.

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Consequences of Felony Convictions

 Posted on March 09, 2018 in Uncategorized

When an individual is charged with a crime, it is important to understand all the possible consequences that a conviction might include. In addition to a fine, probation, community service, or even a prison sentence, those who receive a felony conviction must endure and abide by a number of other limits placed on them, even after serving a sentence and fulfilling all other stipulations.

What a Felon Loses

While some may vary from state to state, there are a number of civil rights that convicted felons lose as a consequence of their criminal history and conviction. Some of the most common rights that felons lose or suffer severe restrictions to include:

  • Ownership and possession of firearms is prohibited.
  • Most felons are restricted from traveling out of the country.
  • A convicted felon may not serve on a jury.

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