Posted on March 25,2022 in DUI

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:

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 Posted on March 18,2022 in DUI

Driving under the influence of drugs or alcohol comes with strict legal penalties and potentially life-changing consequences. A driver may have to pay hefty fines, serve jail time, or lose their driver's license if charged with a DUI. After being pulled over for suspected drunk driving, drivers may be reluctant to take a DUI breathalyzer test. However, is it illegal to refuse a DUI test during a traffic stop? Below, Illinois law indicates whether or not refusing a breath test during a traffic stop is legal and whether or not it is in the driver's best interest. 

Is it Illegal to Refuse a DUI Test?

Is it illegal to refuse a DUI breath test at a traffic stop? The short answer is no — it is not unlawful. However, the law is slightly complicated. The state of Illinois assumes that all drivers who are actively driving under Illinois law give their consent to follow traffic rules. This means drivers inherently consent to be tested for a DUI if an officer has probable cause to pull over their vehicle. However, this does not mean that a police officer is permitted to force a driver to be tested. A driver still has the right to revoke their consent to be breathalyzed after a traffic stop and at the police station. Drivers also have the right to refuse field sobriety tests. 

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 Posted on March 09,2022 in Traffic Violations

The state of Illinois is home to one of the most famous cities globally — Chicago. This vibrant city is full of exciting monuments to tour, high-rise buildings for business seminars, and gorgeous parks filled with acres of green space. Before you get too eager to roam the streets of Chicago, it is essential to remember all of the pedestrians and driving laws that are enforced throughout the city. 

What is Jaywalking?

Pedestrians, like drivers, must obey the laws of the road when exploring a city on foot. This means that walking on a busy street, running into merging traffic, or crossing a road with no crosswalk may be against the law. Jaywalking is a term primarily used in the United States that refers to pedestrians crossing the street in prohibited areas. Jaywalking comes in many shapes and sizes and can look like:

• Running across a road with no crosswalk when traffic slows

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 Posted on March 02,2022 in DUI

Underage drinking is an offense taken very seriously in the state of Illinois. The state has set a no-tolerance policy that prohibits minors under the age of 21 from consuming alcohol to keep minors and the public safe. Underage drinking has many dangerous implications including damage to a minor's growth and mental health. It can lead to drinking and driving, DUIs, serious injury or death. Most underage drinking charges are considered misdemeanors and lead to fines, and even jail time. Minors who call 911 seeking medical or police assistance while under the influence will receive immunity from legal consequences.

Understanding Immunity

Under regular legal processes, consuming or purchasing alcohol as a minor under the age of 21 years old is a misdemeanor. This charge can lead to fines up to $500, license suspension for up to six months, or even jail time. If a minor is found drinking and driving with a blood alcohol concentration (BAC) above 0.00, that minor can be charged with a DUI. The exception to this rule is minors acting in good faith. According to Illinois law, minors acting in good faith are those that willingly admit to consuming alcohol underage to request medical or police assistance. 

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 Posted on February 25,2022 in Criminal Law

 Murder is commonly seen as the worst crime an individual can commit. The act of ending another person’s life is punishable by a lengthy prison sentence and other harsh penalties. Although rare, some unfortunate situations occur in individuals' lives that legally warrant killing another person. In the state of Illinois, the use of deadly force on another person may be justified if the person was directly threatening the defendant's life. 

Understanding Illinois Murder Charges 

Similar to other criminal charges, murder is calculated, charged, and sentenced by degree. The degree of the murder charge is based on a few factors, including the situation of the crime and the intent of both parties involved. Murder is charged in Illinois on two different counts:

• First-Degree Murder — First-degree murder involves killing someone with the intent to kill or cause great bodily harm. This is the most serious homicide charge in Illinois. The consequences of a first-degree murder conviction include a minimum of 20 years in prison. Probation or early release is not permitted for this type of crime. The state of Illinois does not have the death penalty. 

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 Posted on February 21,2022 in Drug Crimes

In an effort to allow police officers more time and resources to combat violent crimes, the state of Illinois legalized the use of marijuana on January 1, 2020. The state saw it as beneficial to allocate the money and public space used to enforce marijuana laws to rehabilitation and substance abuse and treatment centers. Although recreational marijuana is legal in Illinois, there are still regulations throughout the state to ensure that Illinois citizens are safe. Breaking any of the outlined rules for legalized marijuana, including illegally distributing marijuana, may still result in legal consequences. 

Can I Sell Marijuana?

Can you sell marijuana in Illinois? The short answer is no. Illinois citizens without a state-issued license may not distribute marijuana to others. In order to sell marijuana, Illinois requires an entity (usually a business) to obtain a license and open a dispensary. The application fee to open a dispensary costs $30,000. There is also another $100,000 charge to the state for the cannabis business development fund. If you are a citizen in Illinois without a license to grow and distribute marijuana, you can be charged with a misdemeanor or felony for illegally distributing marijuana.

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 Posted on February 11,2022 in Expungement

People make mistakes every day — it is human nature. Legal mistakes, however, can follow you for the rest of your life and affect the way you interact with the world. Depending on the nature of the crime that was committed and the age of the offender, some people with a criminal record may be eligible to expunge or seal their criminal records. This process removes or conceals any wrongdoings, but there are some cases where an old record can still be reached.

How Do I Conceal or Expunge My Record?

Many people who have committed a crime wish to remove the crime off of their record in an effort to distance themselves from a past mistake. If you are looking to remove a record, it is important to understand the difference between expunging a record and sealing a record. When a record is expunged, it is destroyed and your name is removed from public records and official files. If a record is sealed, it still exists, but it is not available to the general public. To determine if a criminal record can be sealed or expunged, a few factors have to be taken into consideration. 

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 Posted on February 03,2022 in Sex Crimes

In the age of the internet, dating apps and social media dominate the social scene. Most social media platforms and dating apps have age limits that regulate children and underage activity. But what happens if a minor lies about his or her age, especially when engaging in a sexual relationship with an adult? Many factors go into determining the fault of each party. However, if you have engaged in sexual relations with a minor, you may be charged with statutory rape in the state of Illinois.  

Age of Consent and Statutory Rape 

Even if a minor lies about their age, an adult is still liable for committing statutory rape. Age of consent laws tend to fluctuate between states. In the state of Illinois, the age of consent is 17 years. This means that if you are over the age of consent and engage in sexual activity with someone under 17, you may be charged with a sex crime. 

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 Posted on January 26,2022 in DUI

A DUI may feel like an inescapable sentence. However, there are a variety of tried-and-true strategies that someone may use to successfully defend against a guilty DUI charge in the state of Illinois. When facing a potential DUI conviction, time is of the essence. Evidence may be piling up against you, and the first line of a good defense is strategizing with an experienced attorney. 

Understanding your DUI

DUI charges can range in severity and sentencing. Each individual's case will vary depending on the details and circumstances of their unique situation. A DUI charge in the state of Illinois is a serious crime, and those accused should take the charges very seriously. A first-time DUI offender may face up to one year in jail for a class A misdemeanor and potentially face fines up to $2,500.

Drunk Driving Defense Strategies in Arlington Heights

• Contact an attorney — The first step to defend against a DUI charge is to hire an attorney who can represent you. By speaking to an attorney, you can review the unique facts of your case and craft a strong defense strategy.

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 Posted on January 19,2022 in Drug Crimes

When faced with drug trafficking charges, the arresting officers will inform you that you have the right to remain silent. Many people will take law enforcement up on this offer. It is often in your best interests to avoid speaking to law enforcement without your lawyer present. The right to an attorney is another one of the Miranda rights. Upon speaking with a criminal defense lawyer, you will become familiar with the process of building a defense for drug trafficking charges.

If you are awaiting a consultation with a lawyer, you may be wondering what you can expect. The following information will provide you with insight into how the process of building a defense for drug trafficking charges in Illinois unfolds. 

What is Drug Trafficking in Illinois? 

In Illinois, drug trafficking is defined as the intentional act of transporting controlled substances across state borders. Having a substantial amount of a controlled substance on your person may result in a drug trafficking charge, as may the alleged intent to supply someone else with the substances.

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