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Recent Blog Posts
Defense Strategies for a DUI in Illinois
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
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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.
Building a Defense for Drug Trafficking Charges
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.
How Much Do Driver’s License Reinstatement Fees Cost in Illinois?
If you are looking to have your driver’s license reinstated in the state of Illinois, you might be curious about what you can expect along the way. Whether your license was revoked or suspended, reinstating a driver’s license usually comes with a fee attached.
The Fourteen Types of Driver's License Reinstatement Fees in Illinois
The amount of money you will owe in order to reinstate your license will depend on the reason it was suspended or revoked. That is because the reason behind your revocation or suspension is penalized with a fee that the state of Illinois deems reasonable as a consequence for the behavior.
Here are the fourteen most common reasons for getting a driver's license either suspended or revoked in Illinois, followed by the cost of reinstating a license under each circumstance.
What Are the Penalties for a DUI in Arlington Heights?
Have you found yourself facing charges for driving under the influence (DUI)? Drunk driving is taken very seriously in Illinois and a conviction for DUI can result in life-changing penalties. Secondary and subsequent DUI convictions are penalized even more harshly than first-time DUIs. Aggravating factors, such as having a child in the vehicle can also increase the penalties associated with a drunk driving conviction.
What is a DUI?
With a DUI, the person being charged was found to be driving while under the influence of drugs, alcohol, or both. You might have also come across the terms DWI and OWI. DWI stands for driving while intoxicated or impaired, whereas OWI refers to operating while intoxicated.
Now, some state governments differentiate between a DUI, a DWI, and an OWI. As such, in those parts of the country, there is a difference between a DUI charge vs a DWI charge or an OWI charge.
4 Reasons People Are Wrongfully Found Guilty in Illinois
Being accused of a crime you did not commit is a nightmare come true for many people. Being convicted of a felony or misdemeanor you are not guilty of can be deeply upsetting and bring harsh, undeserved penalties. Our legal system has safeguards, like the “beyond reasonable doubt” standard for conviction. Yet, people are still found guilty - or plead guilty - to crimes they did not commit.
There are a number of complex reasons why some defendants fall through the cracks and serve sentences for crimes they are not truly guilty of. Working closely with an experienced criminal defense attorney to develop a strong defense strategy is likely your best hope for avoiding a wrongful conviction.
Why Do People Plead Guilty to Crimes They Did Not Commit?
For those who lack significant experience with the justice system, pleading guilty when you are not can seem insane. Yet, it happens constantly. Reasons innocent people may claim guilt include:
6 Signs Officers Look for During an Illinois DUI Stop
Getting pulled over is hardly ever a pleasant experience. Most people experience some level of anxiety when getting stopped by the police even if they do not think they were doing anything wrong. If you have had a few drinks, being pulled over can be even more frightening. In this case, you run the risk of being arrested and being charged with a DUI, whether you feel drink or not. If this has happened to you, it is important that you speak with a well-qualified defense attorney as soon as possible. You may have defenses available that a lawyer can help spot.
What Should I Expect if I Get Pulled Over After a Few Drinks?
If the officer who pulled you over suspects that you have been drinking, he is likely to try a few tests that could later help him prove you were under the influence. Refusing these tests in Illinois will result in a license suspension and you could still get a DUI even if you do not cooperate with testing. If you get stopped by police after drinking, a sobriety assessment might include:
What Senate Bill 2129 Means for People Incarcerated in Illinois
Nearly every incarcerated person hopes for an early release. For some, this could become a reality with the passage of Illinois Senate Bill 2129. This new law will open the door for a state’s attorney to ask the court that a prisoner’s sentence be reduced “if the original sentence no longer advances the interest of justice.” There are a number of factors that can be considered in determining whether early release under this bill could be appropriate for an individual convicted of a felony.
Because this law is so new, it is not entirely clear how it will work in practice. For some people incarcerated in Illinois, however, there may be the hope of a reduced sentence in light of changing circumstances.
What Makes Someone a Good Candidate for Release Under this Law?
Generally speaking, the state does not want to keep people incarcerated unless it is necessary to serve justice or keep the public safe. Sometimes, after the original sentencing, a convicted person’s circumstances change so that justice may not demand their continued incarceration.
Can I Still Get a DUI if I Refused Testing?
Breath tests like breathalyzers are used by law enforcement to estimate a driver’s blood alcohol content. Refusing to submit to field sobriety or chemical testing when you are suspected of driving under the influence of alcohol (DUI) carries administrative consequences, including a one-year license suspension. Some people would be willing to lose their license for a year if it means getting out of a DUI. Unfortunately, however, you can still be charged with - and convicted of - DUI without ever going through any formal testing. Other forms of evidence can still be used to prove that you were intoxicated. If you have been accused of a DUI, you will need a strong legal defense even if you never submitted to testing.
If I Refuse Testing, What Evidence Can Be Used Against Me?
There are many ways for the police - and later the prosecution - to prove that a person was intoxicated. Formal tests are helpful but not necessary for a DUI charge. You can probably tell when a person you are talking to or even observing is inebriated without asking them to close their eyes and touch their nose or drawing their blood. Police officers are trained to look for other signs of drug or alcohol intoxication during the stop that can later be used to prove impairment, including:
How to Handle a False Accusation
Being falsely accused of a criminal offense is horrifying. You have done your best to lead a law-abiding life, but for some reason, that is not enough, and you are now under suspicion anyway. There are a number of reasons you may have been accused of something you did not do, ranging from mistaken identity to a malicious lie. False accusations of domestic violence and similar crimes are strikingly common, especially when a couple goes through a rough divorce or break-up. Immediately contacting a criminal defense attorney as soon as you learn that you are under suspicion may give you the best chance of proving your innocence.
What Can I Do If I Am Wrongly Accused of a Crime?
The exact steps you should take will depend on how far along in the criminal process you are. If you are merely a suspect and have not been arrested or charged, refusing to talk and asking for a lawyer is probably the right thing to do. If you are already facing charges or have been indicted, the time to contact an attorney is yesterday. Here are some other tips that may help:
Could I Beat a DUI Charge After Failing a Breathalyzer?
You complied with a breathalyzer test after being pulled over, and it showed that you were over .08. Now you are facing DUI charges and it feels as if you have no hope of avoiding a conviction. This situation may feel insurmountable, but it is not. Even if you failed a breathalyzer, there are still ways an experienced attorney can defend you. Successfully challenging the results of a breath test is not only possible, it is one of the most common DUI defense strategies. Like other medical testing equipment, breathalyzers are sensitive devices that must be used correctly to produce accurate results. If you are facing a potential DUI conviction, securing strong legal representation should be your top priority.
How Can Breathalyzer Results be Challenged?
Breathalyzer results are not infallible, although prosecutors sometimes act as if they are. These devices must be maintained, used, and calibrated correctly according to the manufacturer’s instructions to produce accurate and reliable results. If the police department you were arrested by failed to do so, there is a strong possibility that your breath test results will be inadmissible. Common defects in breath test maintenance and procedures 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.
121 S. Wilke, Suite 301, Arlington Heights, IL 60005
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