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Recent Blog Posts
Clearing Up Three Misconceptions About Illinois DUIs
Drunk driving laws sometimes change and also vary significantly from state to state. This can create confusion and lead to misunderstandings. It is important for everyone to understand DUI laws–especially if they are facing criminal charges for drunk driving. If you or a loved one were charged with drunk driving in the Arlington Heights area, contact a DUI defense lawyer for legal guidance.
Misconception: You Cannot Beat a DUI if You Blew Over 0.08 Percent
Most people know that the legal limit for blood alcohol content is 0.08 percent. If a police officer suspects a driver of driving under the influence, the officer will ask the driver to blow into a breath test device. These devices, sometimes referred to as breathalyzers, assess the driver’s intoxication level. A BAC over 0.08 percent is probable cause for arrest. Many people assume that blowing over a 0.08 percent automatically means that they will be convicted of DUI. However, it is possible to avoid conviction for DUI even if you failed a breath test or breathalyzer. Breath tests can be inaccurate if the device is not calibrated or used properly. Other issues including certain medical conditions, medications, and foods can also cause breath tests to be inaccurate.
Arguing Self Defense in an Assault and Battery Case
Assault occurs when someone makes someone else afraid of impending violence. Battery is the actual physical conduct between the two people. Criminal charges for assault or battery may follow a bar fight, domestic disturbance, or even an argument that got out of hand.
Criminal penalties for assault and battery can include jail time and a permanent criminal record. If you or a loved one were charged with assault, battery, or another violent offense, it is important to explore your defense options. One way to fight criminal charges for assault or battery is to argue self-defense.
What Counts as Self-Defense?
Most people will stand up for themselves if they are provoked. Unfortunately, some people find themselves facing criminal charges for simply defending themselves. However, successfully arguing self-defense during a criminal case is easier said than done. There are limited circumstances in which injurious force is justified in Illinois law.
Tips for Traffic Stops in Arlington Heights, Illinois
Most drivers have experienced the sense of dread that comes with seeing flashing blue lights in your rearview mirror. In the best-case scenario, a driver pulled over by police will get off with just a warning. In the worst-case scenario, the driver may leave the traffic stop in the back of a police vehicle.
How a driver handles a traffic stop can mean the difference between a temporary detour or moderate fine and criminal charges. It is important for everyone to understand their rights and responsibilities during traffic stops.
De-Escalate the Situation by Making Officers Feel Safe
On average, 176 police officers are killed in the line of duty every year. Over 14,000 are injured. One of the best things you can do during a traffic stop is to demonstrate to police that you mean them no harm. If you see lights and hear sirens behind you, pull the car to the right side of the road as soon as you can safely. Turn off the car and put your hands on the wheel. Do not reach for your license or registration until told to do so.
How Can I Challenge Felony DUI Charges?
Driving under the influence of alcohol is one of the most common offenses for which Illinois residents face charges. Any criminal charge related to drunk driving can lead to substantial penalties and should be taken seriously. However, first-time DUIs are penalized less harshly than second, third, or subsequent DUI convictions. The consequences a person faces for DUI also depend on whether anyone was hurt or killed in an accident while the driver was under the influence.
Drunk driving is considered a felony offense if there are aggravating circumstances. Felony DUI is penalized severely, and someone convicted of felony DUI could face several years in prison. If you or a loved one were charged with felony DUI, read on to learn about your legal rights and options.
Assert Your Rights as a Criminal Defendant
The U.S. Constitution affords you rights as a criminal defendant. However, it is up to you to take advantage of those rights. One of the best things you can do if you were accused of a crime is to avoid incriminating yourself by answering a police officer’s questions. You have the right to remain silent and avoid self-incrimination and it is important you do so. You also have the right to consult with an attorney and to have an attorney present during questioning.
What is a Motion to Suppress Evidence in a Criminal Case?
Criminal defense attorneys have a variety of tools at their disposal when defending a client charged with a criminal offense. For the prosecution to obtain a guilty verdict and convict a defendant of a crime, the prosecution must prove the defendant’s guilt beyond a reasonable doubt. Usually, the prosecution uses a combination of evidence and testimony to argue that the defendant is guilty. However, the evidence must meet certain criteria to be used in a criminal case.
If you or a loved one were charged with a crime, it is important to understand how a motion to suppress evidence may be used to defend against the charges.
Evidence and Statements Acquired Through Illegal Means
Fortunately, Americans have rights protected by the Constitution and other legislation. If the evidence in a criminal case is obtained in violation of these rights, it may be suppressed. This means that the evidence is inadmissible in court and may not be used during the trial.
Facing Sexual Assault Accusations in Arlington Heights
Any criminal conviction has the potential to radically change the offender’s life. However, sexually-based offenses are often punished especially harshly. If convicted of a sex crime, you may face significant jail time as well as mandatory registration on the public sex offender list. Conviction for a sex crime such as sexual assault can virtually destroy your personal and professional reputation. If you or a loved one have been accused of sexual assault, rape, sex abuse, or another sex-based offense, securing skilled legal counsel should be your first priority.
Innocent Until Proven Guilty
Criminal accusations must be proven “beyond a reasonable doubt.” This is the highest burden of proof that exists in American law. As a criminal defendant accused of sexual assault, you need to cast doubt on your guilt. Your lawyer may do so on your behalf using many different defense strategies. Unfounded accusations of sexual assault may be easily disproven if there is not enough evidence against the defendant. The defendant may also be able to use an alibi to avoid conviction. For example, if a man is accused of raping a woman but employment records show that he was out of town for work that night, he may avoid conviction.
Do I Have a Criminal Record if I Was Arrested and Charged but Not Convicted?
Being arrested and put in the back of a police car can be an overwhelming and confusing experience. Many people in this situation are unsure of what to expect after an arrest. They are unfamiliar with the bond hearing process or what it means to be formally “charged” with a crime. Likewise, many people charged with a crime do not understand the long-term consequences of the charge. If the charges are eventually dismissed or they are found “not guilty”, they assume that there is no record of the charges.
Unfortunately, being arrested or charged with a crime can still be recorded on a person’s public criminal record even if he or she is ultimately acquitted of the charges.
Criminal Records in Illinois
Not every arrest leads to formal criminal charges. Sometimes, the prosecution does not have enough evidence to actually charge someone with a crime. The suspect is released from police custody and free to go about living his or her life. It is also possible to be charged with a crime only for the prosecution to drop the charges or dismiss the case. Individuals in these types of situations are usually unaware that the arrest or criminal charges are documented on their criminal record. Fortunately, there is a way to erase or “expunge” your criminal record.
How Can a Monitoring Device Driving Permit Benefit Me After a DUI?
Everyone knows that drunk driving is against the law. What many people do not realize, is that you may face administrative consequences for a drunk driving arrest even if you are not convicted of driving under the influence (DUI).
In Illinois, failing a chemical blood alcohol content (BAC) test such as a breathalyzer or refusing to take a BAC test is punishable by a driver’s license suspension. Once your license is suspended, it is illegal to drive any motor vehicle. Fortunately, you may be able to regain your driving privileges by obtaining a Monitoring Device Driving Permit.
An MDDP May Give You Your Driving Rights Back
If you are pulled over and police suspect you of driving while intoxicated, they may ask you to blow into a breath-testing device often referred to as a breathalyzer. If the test shows 0.08 percent BAC or higher, you are considered intoxicated. You may be arrested and charged with DUI. Failing a breath test is penalized by a six-month driver’s license suspension if the driver does not have any other DUI offenses in the previous five years. Refusing to submit to a breath test is punishable by a one-year driver’s license suspension. If you get an MDDP, you may be able to drive legally before the suspension period is over.
3 Defense Strategies for Individuals Accused of Drug Crimes in Illinois
Whether the charges are for drug possession, drug manufacturing, or drug distribution, being accused of a drug crime can dramatically alter your life. Depending on the type of substance and the amount of the substances allegedly in your possession, drug crimes can lead to profound consequences, including years behind bars.
If you or a loved one were arrested for a drug-related offense, contact a skilled criminal defense lawyer right away. Do not answer any questions from police and remain silent. Your lawyer will ensure your rights are not violated and help you form a strong defense strategy.
Drugs Were Discovered During an Illegal Search and Seizure
Police and other government officials are bound by the U.S. Constitution and other laws. They cannot search your home or property without just cause. To search a residence, police typically need a search warrant signed by a judge. Vehicle searches do not require a search warrant, however police do need probable cause to search a car, truck, or other vehicle without your consent. This means that the police must have a reasonable belief that a crime has taken place or there is illegal contraband in the vehicle. If a police search is deemed unlawful, any evidence obtained in the search may be inadmissible during court. So, if police did not have a valid reason to search your property, any drugs or paraphernalia they found will not be usable in the prosecution’s case against you.
How DUI Charges Change With Minor Involvement in Illinois
Driving under the influence or DUI is a serious crime. It is illegal to operate a car, motorcycle, or another motorized vehicle after consuming a certain amount of alcohol or using illicit drugs. DUI consequences increase if they are second, third, or subsequent offenses. However, different underlying factors can increase a DUI sentence regardless of a driver’s criminal history.
Understanding Underlying Factors
With all crimes, underlying factors or exceptional circumstances can exacerbate the degree of the crime, leading to a longer, more severe sentence. For example, if you steal a shirt from a store, you may be facing misdemeanor shoplifting charges. However, if you stole that same shirt from the same store but were armed, you could face aggravated theft charges. The same is true for DUI charges. Some common aggravating factors that could increase a DUI sentence include:
CALL US TODAY AT 847-253-3400 FOR A FREE INITIAL CONSULTATION
Client accused of burglary was acquitted due to our skillful cross examination of eye witness identification.
Client accused of causing the death of another while driving under the influence - Acquitted.
Client accused of first degree murder - Acquitted.
Client accused of embezzlement - Charges never filed.
Hundreds of Secretary of State hearings for Drivers License Reinstatement - Won.
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