Posted on April 28, 2023 in DUI Law

In Illinois, DUI (driving under the influence) is a serious crime that can lead to significant legal and financial consequences. If you are pulled over for suspected DUI, the officer is likely to ask you to take a breathalyzer test. In this situation, you may be concerned about whether agreeing to take a breathalyzer test could lead to a DUI arrest, and you may be unsure about whether you may face penalties if you refuse to take the test. By understanding your rights under Illinois law, you can determine the best way to proceed in this situation. If you are facing DUI charges, you can work with a criminal defense attorney to understand your options for defending against a conviction.

Implied Consent in DUI Cases

Illinois and other states throughout the country have implied consent laws that address when a driver is required to consent to testing to determine if they are intoxicated. These laws state that anyone who is driving on public roads is considered to have consented to chemical testing to determine whether they are under the influence of alcohol or other substances. However, the implied consent law applies to testing performed after a person is arrested rather than tests an officer asks a person to submit to during a traffic stop.

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 Posted on April 20, 2023 in Uncategorized

Being charged with a drug crime can be a daunting experience, since a conviction may potentially lead to jail time, hefty fines, and other consequences. However, for some drug offenders, alternative sentencing options may be available, including probation. A person who receives probation will be placed under the supervision of a probation officer, and they will be required to follow certain conditions. Since this option is usually preferable to serving time in prison, those who are accused of drug offenses may want to determine whether they will be eligible for participation in these programs.

410 Probation

First offender probation, also known as 410 probation, may be available to individuals who have been charged with a non-violent drug possession offense for the first time. To be eligible for 410 probation in Illinois, a person must have no previous felony drug convictions.

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 Posted on April 17, 2023 in Sex Offenses

 Sex crimes are among the most serious offenses that a person can be accused of. Convictions for these crimes come with steep penalties, including lengthy prison sentences, large fines, long periods of probation or supervision, and sex offender registration. If you are facing charges for a sexual offense in Illinois, you likely have many questions about what the future holds. One of the most common concerns involves when and how you may have to register as a sex offender if you are convicted.

Who Must Register as a Sex Offender?

In Illinois, those who are convicted of certain types of sex crimes will be required to register as sex offenders. This requirement will begin after a person completes a sentence of incarceration or parole and is discharged or released from custody. Those who are sentenced to probation will be required to register immediately after being convicted. The list of qualifying crimes includes, but is not limited to:

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 Posted on April 07, 2023 in Criminal Defense

As people spend more and more time online in their daily lives, concerns about privacy and security have come to the fore. Due to data breaches and other issues, the misuse of personal information has become a significant concern for many people. Identity theft is a serious crime that can result in harsh fines and imprisonment for the offender. It occurs when a person uses someone else's name, Social Security number, date of birth, account numbers, or other identifying information without their consent for financial gain. This can include opening a credit card, taking out a loan, or accessing a bank account. In Illinois, identity theft is considered a felony offense, and a conviction can result in severe consequences for the defendant.

Charges for Different Types of Identity Theft in Illinois

There are several different types of offenses that may be considered identity theft, including:

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 Posted on March 27, 2023 in DUI Law

In the state of Illinois, driving under the influence (DUI) is a serious offense. A DUI conviction can lead to jail time, fines, license suspension, and other consequences. But did you know that you may be charged with DUI even if you are not under the influence of alcohol? If you are found to be driving while impaired by drugs, you can face DUI charges. It is important to understand when drug use may lead to arrests and criminal charges for driving under the influence, as well as the potential defense strategies that may be available in these situations.

What Does the Law Say?

According to Section 11-501 of the Illinois Vehicle Code, it is illegal to drive a motor vehicle while a person is under the influence of alcohol, drugs, other intoxicating substances, or any combination of substances that may affect their ability to operate a vehicle safely. While people are most commonly charged with DUI due to the use of alcohol, the law may also be used to bring DUI charges against a person who has used drugs. These may include both legal and illegal substances such as prescription drugs or marijuana.

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 Posted on March 17, 2023 in Criminal Defense

A criminal record can have a significant impact on your life, limiting your opportunities and casting a shadow on your past. Fortunately, in Illinois, certain individuals may have the opportunity to expunge or seal their criminal records, providing them with a fresh start and possibilities for a brighter future. By understanding the processes, requirements, and legal aspects of expungement and sealing of criminal records in Illinois, you can take steps to clear your record and move forward with your life.

Understanding the Difference Between Expungement and Sealing

Expungement and sealing are two distinct legal options that can offer relief to those with criminal records. Expungement is the process of completely erasing a criminal record as if it never existed. This means that the record will be physically destroyed, and any electronic records will be deleted. On the other hand, a criminal record that is sealed will be confidential and will not be available to the general public. However, it may still be accessed by law enforcement, the court system, and certain licensing agencies or employers. Though it will not be entirely erased, having a criminal record sealed can still provide considerable benefits in terms of future opportunities.

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 Posted on March 13, 2023 in Criminal Defense

There are a variety of situations where a person may potentially face assault charges. These types of charges may stem from disagreements or altercations, or they may be related to accusations of domestic violence. In some cases, aggravated assault charges may apply depending on the identity of the alleged victim, the location of the incident, or other factors. If you have been charged with assault or aggravated assault in Illinois, it is important to understand the possible penalties you may be facing. With the help of a criminal defense attorney, you can determine your legal options for defending against these charges.

What Is Assault?

The phrase "assault and battery" is often used in situations where a person is accused of assault. While these two terms may seem to describe the same types of activities, they actually describe two separate offenses. Illinois law defines battery as knowingly inflicting a physical injury on someone else or making physical contact with a person in a way that is considered to be insulting or provocative. Assault, on the other hand, is defined as acting in a way that causes a person to reasonably fear that they will suffer battery.

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 Posted on March 06, 2023 in Criminal Defense

Nearly everyone is familiar with the right to remain silent that applies to people who are questioned by police officers after being arrested. Countless TV shows and movies have depicted offers stating that "You have the right to remain silent, and anything you say can and will be used against you in a court of law." However, people may not fully understand how this right applies to them, and as a result, they may choose to waive their rights and make statements to police officers that could lead to serious consequences. By understanding the steps you can take to avoid incriminating yourself, you can make sure your rights will be protected during a criminal case.

The Importance of Attorney Representation When Interacting With Law Enforcement

The familiar "Miranda warning" will generally be read to a person when they are arrested, and it informs them that they do not have to speak to police officers when being interrogated. It also informs them that they have the right to have an attorney present during questioning. This warning is used to ensure that people understand their rights under the Fifth Amendment, which protects against self-incrimination.

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 Posted on February 24, 2023 in Criminal Defense

As laws all over the United States regulating marijuana become more permissive, it can be difficult to know what is legal and what is not. This is especially true because marijuana still remains illegal on the federal level. While people can buy, possess, and even grow certain amounts of marijuana illegally in Illinois, there are still consequences for doing these actions in the wrong way or in the wrong amounts - and privately selling marijuana still remains completely illegal. 

If you have been arrested for selling or possessing marijuana with the intent to sell, you might be tempted to think prosecutors will not pursue marijuana-related crimes seriously. This would be a mistake. To learn about how being convicted for distributing marijuana could affect your future, read on and then contact an Illinois criminal defense attorney for help with your case. 

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 Posted on February 22, 2023 in Juvenile Offenses

One of the common difficulties of parenting is managing the unpredictable behavior of children whose brains have not yet finished developing. Teenagers are more likely to engage in behaviors that can get them in trouble with the law, even without intending to. So what happens when a good kid makes a mistake and gets caught up in the juvenile criminal justice system? Is it possible for him or her to have a second chance via record expungement? Fortunately, this is often an option for young adults who are seeking a fresh start. With the help of a good Illinois juvenile criminal defense attorney, your child may be able to clear their name and their criminal record. 

Illinois Has Automatic Expungement for Certain Police Interactions

The first thing to know about getting a juvenile criminal record expunged in Illinois is that certain arrests or police contact records are eligible for automatic expungement on or before January 1st of each year. If a child under 18 was arrested, expungement may be automatic - save for certain exceptions. Expungement of a criminal record occurs if the following conditions are met:

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